OF 


ENRYt  SMITH* 


JOHN  HENRY  BROWN 


REESE  LIBRARY 


LIFE  AND  TIMES 


-OF — 


HENRY  SMITH 


—  THE  — 


FIRST  AMERICAN  GOVERNOR  OF  TEXAS 


BY  — 


JOHN  HENRY  BROWN 


DALLAS.    TEXAS: 

A.  1).  ALUUID(JE&  CO.,  STKKKOTVl'EltS.   PHI  N TKltS  .\  M)   KINDKK*. 
1   88  7. 


COPYRIGHT,  1887, 
BY  JOHN  1IEXKY  BROWX, 


(A/I  >  igktti  reserved) 


INDEX  TO  CONTENTS, 


PAGP. 

Alamo,  siege  of :;<>:: 

Governor  Smith's  appeal  for :)<M 

Pall  of ;}•>•> 

Anahuac,  capture  of  by  Travis :,;» 

Almonte,  Juan  Nepomucino ]  ;>4 

Archer,  Dr.  Branch  T 7 <)  ;m<l  !)7 

Austin,  Gen.  Stephen  F.,  19,  73,  97,  177,  1 80.  IS.").  'Ml)  and  ->:>4 

Abbott,  Launcelot,  letter  from :;:>•' 

BORDER  Gail,  Jr.,  letter  from   :;:>:; 

Burleson,  Gen.  Edward 14 "I  ;ind  -J 1 ; 

Bowie,  Col.  James  77,  78,  1  s;>.  *>  1  n  and  :>  1 :» 

Brown,  Capt.  Henry  S.,  death  of ;M 

Burnet,  David  G.,  president  ad  interim :',:>  1 

Burnet,  David  G.,  vice-president :!.">; 

Barrett,  Don  Carlos 101,  152  to  150.  1  o->.  and  1 '.)»; 

Bradburn,  Col.  Juan  D.,  Mexican  army. . . , 74 

Brennan,  Thomas  H.,  letter  from :>oo 

Cos,  Gen.  Martin  Perfecto  de 06,  07,  KM).  104  and  1S-V} 

Collingsworth,  Capt.  George  M.,  takes  Goliad > 

Consultation,  (first  Revolutionary  Convention.)  met .'.  70 

Formed  Provisional  Government x."> 

Adjourned 1  <  "'• 

THE  PROVISIONAL  OOVEUNMKXT. 

Council  and  Governor  installed 1 ()^ 

Its  address  to  the  Mexican  people 1  -I  •! 

Its  factious  conduct  and  war  on  Governor  Smith, 

138,  151,  161  to  109,  195  to  -JOO.  •>:'>!»  t<>  -.MM 

Its  arraignment  by  Gen.  Houston '.'"^ 

Its  dissolution ;>1^ 

Committee  of  Safety,  in  Columbia,   (Bra/oria.)  August  l.">. 

1835..                                          Tv1 


209723 


PAGE. 

Convention  of  Independence,  March  1,  1836 307 

Cleveland,  Charles  L.,  reference  to ,   387 

Caldwdl.  Capt.  Matthew 134  and  170 

Coleman,    Sidney   W.,    speech    of.    on  receiving  Governor 

.Smith's  portrait. 390 

DECLARATION  to  Mexico,  Kov.  7,  1835 80 

of  Independence,  March  2,  1836 306 

Dexter,  Peter  B.,  Secretary 107 

DeWitt,  Green,  the  Empresario. , . , 15 

ERA,  a  new  one  Inaugurated 114 

FANNIN,  James  W.  Jr.,  Agent,  &c., 

77,  78,  164,  212,  222,  224,  366  and  212 

Finlay,  George  P.,  speech  of  in  presenting  portrait , 388 

Fulton,  George  W.,  letter  to 366 

Letter  from  to  John  Henry  Brown 383 

Forbes.  Col.  John 158,  171,  305  and  310 

GREEN,  C.  P.,  letter  from 351 

Grant,  Dr.  James 209,  216,  217,  218,  226  and  12s 

IlorsTON,   General  Sam,  elected  Provisional  Commander- 

in-Chief 98 

Elected  Constitutional-Commander-in-Chief. 321 

Letter  to  Governor  Smith,  January  30,  1836 20!) 

Report  to  Governor  Smith  on  Indian  treaty ' 305 

Elected  President  of  the  Republic 324 

His  letter  to  Gov.  Smith,  Secretary  Treasury.  .337  and  358 

Hewetson,  Dr.  James 374 

Hawkins.  ( 'apt.  M.,  letter  to  Governor  Smith 265 

Hill,  William  G,,  crushing  letter  from 280  and  281 

Hill,    Henry  Ix.  W.,  of  Nashville.    Tennessee,  letter  from 

donating  $5,000 297 

GTribirte  to - 310 

Ixti  it  A  M,  Seth,  letter  from 44 

Indians,  Cherokee  and  associate  bands,  treaty  with 305 

JONES,  William  E.,  mention  of 356 

Jones,  Oliver,  letter  from 31 

KERR,  James,  in  council 83,  100,  101  and '  187 


PAGE. 

LAMAR,  Mirabeau  B.,  President . .  . ;{:>7 

Letters  from  prominent  patriots 360 

MEMBERS,  list  of  Committee  of  Safety  in  Brazoria,  in  183"),     ;-.' 

The  General  Consultation,  in  183,") 82 

The  General  Council, (Provisional  Government,)  1835-6,     '.MI 

Government  ad  interim  of  the  Republic,  1830 321 

Constitutional  Government  of  the  Republic,  Oct.,  1836,  324 

Menefee,  William 79,  145  and  163 

Mexia,  Gen.  Jose  Antonio. .  .102,  136  to  139,  146,  150  and  179 

^Miller,  Dr.  James  H.  C.,  letter  from 53 

McKinney,  Thomas  F 120  and  124 

Mills,  Robert,  letter  from , 355 

-  Miller,  l)r  James  B   19  and     46 

Mason,  Lieut.  II.  S.  A.,  letter  from 376 

NEILL,  Col.  Joseph  0 188 

PRESIDENT,  Vice,  Governor  Smith's  nomination  for 363 

Power,  James J39,  150  and  155 

Pilsbury,  Timothy,  mention  of. ...    ;..'.. 356 

RUSK,  Gen.  Thomas  J 335 

His  letter  to  Governor  Smith,  Secretary  Treasury 335 

Robinson,  James  W.,  Lieutenant-Governor, 

97,  144,  206,  238,  243,  244,  246,  248  and  376 

His  conduct  reviewed 287 

Royall,   R.  R •  •  •  • 58 

SEGUIN,  Don  Erasmo 30 

Seguin,  J  nan  N" 46 

SMITH,  HESTRY,  his  birth,  marriage  and  arrival  in  Texas, 

12,  15  and     17 

Wounded  in  battle  of  Velasco,  June  26,  1832 17 

Addressed  a  public  meeting  in  1832 17 

Delegate  to  convention  and  Alcalde  in  1833 18 

Secretary  of  the  Ayuntamiento  and  Political  Chief  in 

1834 24 

His  famous  address  to  the  people  in  '34 30 

Member  of  Brazoria  Committee  of  Safety  in  Au<r.  '•'>">. .      T2 

Member  of  the  Consultation,  Nov.  '35 ^ •"> 

Author  of  plan  of  Civil  Government 84 


PAGE. 

SMITH   HEVRY   elected  first  Governor  of  Texas 

97 

His  inaugural  address  

107 

His  communications  to  the  Council  of  \<»v. 

30, 

1835..   116 

t  (                a                <.t            «.  f             a 

24. 

"    ..   120 

tt                                     ft                                    tt                            tt                            ft 

27, 

"    ..    124 

((              ii)\             it                                    f(                            tt                            ft 

&8, 

«     .135-6 

Dec. 

1. 

"    ..   127 

a                ..                 ft            (t             a 

2 

"    ..    128 

tt                          a                          a                    ((                    a 

4, 

"    ..    129 

tt                          at                          (t                    tt                   a 

5, 

"    ..   132 

tt                          tt                          n                    tt                   tt 

m 
1  . 

"    ..    134 

"      (2)      «• 

8, 

*     .135-6 

Communication  relating  to  Gen.  Mcxia    <( 

9, 

"    ..    137 

His  communication  to  the  Council  of  Dec. 

12, 

1835..    142 

Communication  relating  to  Gen.  Mexia  " 

14, 

"    ..    146 

His  communication  to  the  Council  of     " 

15, 

"    ..    146 

J  delating  to  wrecks  and  rascality 

16, 

"    ..   148 

Denouncing  Barrett  and  Gritton 

17, 

"    ..   152 

On  the  Capitulation  of  Bexar, 

18, 

"    ..    156 

Enclosing  one  from  Gen.  Houston 

18, 

"    ..    156 

On  certain  appointments 

18, 

«    ..    160 

His  communicasions  to  the  Council  of    " 

23, 

«    ..    169 

tt                «*                 tt            it             a 

26, 

«   ..   171 

a                tt                a             a            a 

9*7 

ik    ..   174 

"                "                       Jan, 

2, 

1836..   186 

His  "Bombshell," 

o 

"    ..    188 

His  letter  to  J.  W.  Robinson 

10, 

"    ..   194 

The  impotent  charges  against  him 

11, 

".195-200 

Another  communication 

12 

"    ..  200 

« 

13, 

"    ..   202 

His  letter  to  Col.  Ward 

6, 

"    ..   231 

Col.  Ward's  reply 

21, 

"    ..   234 

His  letter  to  Robinson 

18, 

"    ..   246 

Farcical  attempts  to  supercede  him 

20,' 

".  242-245 

257 

283 

His  letter  to  Wm.  Brvan.  New  Orleans.  . 

.   285 

PAGE. 

SMITH,   HENRY,  his  Proclamation,  (March    2,    1836,)   "Texsis 

expects  every  man  to  do  his  duty  !".... 3<)1 

His  report  to  the  Convention,  (March  4,) 30js 

Appointed  first  Secretary  of  the  Treasury,  (Oct,  28,  '36,)  324 

His  letter  to  H.  R.  W.  Hill,  Jan.  15,  1837. . . 321 

His  letter  to  Mrs.  Sarah  A.  Wharton,  May  1.  '37 :>:>:; 

His  letter  of  resignation,  June  1,  '37 :>:><; 

President  Houston's  refusal  to  accept  his  resignation..   (>>>'t 

His  response  to  the  President :):;!> 

His  reply  to  the  House  of  Representatives,  November 

16,   1837 340 

Thanks  of  Congress  to  . . . '. ;;:. ; 

Retirement  to  private  life   359 

But  service  in  Congress 360 

Nomination  for  Vice-President 363 

He  determines  to  visit  California  in  1849 . . 3G<; 

His  letter  to  Geo.  W.  Fulton,  Sept.  10,  1849, 372 

His  last  letter 379 

His  portrait  presented  to  the  State 388 

His  family,  his  parents  and  descendants.  .393,  394  and  395 
Smith,  John  G.,  his  letter  announcing  his  father's  death. . .   380 

Stewart,  Dr.  Charles  B   : 107,  205,  236  and  362 

Splane,  Peyton  R 24 

Salmon,  Prof.  R.,  letter  from 358 

Smith,  Ashbel,  letter  from 361 

TRAVIS,   CoL  Win.   B.,   nine  letters  to  Governor  Smith  in 

1834-35 24,  27,  44,  50,  56,  59,  69,  72  and     1 4 

Townscnd,  Nathaniel,  letter  from 349 

Texas,  Republic  of,  proclaimed,  March  2,  1836 308 

Government  of  ad  interim 321 

Constitutionally   organized 324 

Thompson,  Thomas  M.,  (English  Thompson,)  of  the  Mex- 
ican navy 59  to     68 

UGAKTECIIKA,  Col.  Domingo 140 

VIESCA,  Gov.  Augustin 143 

WALLER,  Edwin 17,  24,  75  and  234 

Williamson,  Robert  M 19.  86,  ;md   128 


PAGE. 

Ward,,  Lieut-Col.   William 231,  234  and  273 

Wharton.  William  IF.,  in  convention  of  1833 19 

Commissioner  to  Mexico,  (did  not  go,) 19 

Regiclor  of  Columbia 24 

Chairman  of  Committee  of  Safety 7*;» 

Commissioner  to  the  United  States 97  and  176 

Censure  of,  by  Austin 250 

His  high  character 253 

His  seven  letters  to  Governor  Smith, 

75,  289,  290,  291,  292,  293  to  296 

His  only  child 297 

Envoy,  etc.,  to  the  United  States :   330 

Letters  to  Governor  (Secretary)  Smith 330  and  331 

His  resignation  as  Minister 332 

His  capture  at  sea 332,  333  and  334 

Wharton,  Mrs.   Sarah  A 298  to  300 

Letter  of  Governor  Smith  to 333 

Wharton,  John  A 70,  72,  75,  77,  78  and  79 

Author  of  Declaration,  Nov.  7,  1835 80 

See  also 177,  285  and  332 

ZAVALA,  Lorenzo   de,    Vice-President   ad   interim   of   the 

Republic 321 


INTRODUCTION, 


HERE  is  a  growing  inclination  on  the  part  of 
more  recent  writers  of  Texas  history,  to  wid- 
en the  beaten  path,  adding  to  the  illustrious  names 
already  made  familiar,  others  which  have  failed 
heretofore  to  receive  a  merited  meed  of  recogni- 
tion. 

A  faithful  record  of  the  deeds  of  men,  under 
the  peculiar  and  trying  circumstances  which  may 
have  made  them  famous  or  illustrious,  is  more 
to  be  desired  than  the  fulsome  praises  of  partial 
friends;  and  pages  that  are  to  pass  as  history, 
should  never  furnish  opportunity  for  personal 
enmity  to  vent  itsalf.  A  reaction  in  either  case 
is  not  the  end  desired  by  the  seeker  after  truth 
in  history.  Nor  need  there  be  any  fear  that 
fidelity  to  the  truth  of  what  shall  hereafter  be 
written  will  make  less  illustrious  or  less  loved  and 
admired,  the  names  of  those  whose  fame  has 
been  made  imperishable,  by  all  the  tests  which 
time  applies  to  the  actions  of  men. 


There  can  be  no  need  to  apologize  for  the  re- 
searches inspired  by  a  curiosity  which  a  stray 
letter  or  the  presentation  of  a  portrait  may  kin- 
dle ;  provided  such  research  brings  to  light  valu- 
able and  interesting  truths. 

In  February,  1879,  when  the  portrait  of  "Gov 
Henry  Smith"  was  presented  to  the  State  of 
Texas,  and  received  by  the  people's  representa- 
tives at  the  State  Capitol,  the  question  was  asked 
by  many  of  the  later  citizens,  "who  was  Governor 
Smith?"  and  often  coupled  with  the  assertion;  "I 
never  heard  of  such  a  governor!"  and,  strange  to 
confess,  few  were  able  to  give  a  satisfactory  an- 
swer. 

If  the  State  of  Texas  was  250  years  old,  in- 
stead of  a  little  more  than  half  a  century,  this 
would  not  be  surprising.  But  most  of  the  earli- 
est governors  and  presidents  were  personally 
known  to  a  large  number  of  the  present  inhabi- 
tants of  the  State.  Who,  then,  was  Gov.  Smith? 
Did  he  do  nothing?  make  no  inpression  upon  his 
time?  and,  dying,  leave  no  trace  of  himself  for 
love  nor  curiosity  to  find?  Search  and  see.  And, 
we  may  add,  that  should  our  researches  be  re 
warded,  as  we  are  led  to  believe  they  will  be,  the 
inquisitive  will,  naturally  enough,  wonder  how 
his  name  has  remained  in  such  obscurity. 


"Take  off  thy  shoes  from  off  thy  feet,  for  the 
place  where  thou  standest  is  holy  ground,"  is  a 
warning  that  should  govern  the  pen  of  history  or 
biography.  One  has  said:  "Let  those  who  write 
Texas  history  to-day,  be  careful  that  they  write 
the  truth,  or  soon  it  will  all  be  romance  " 


12  LIFE  OF  HENR¥  SMITH. 


BIOGRAPHY. 


CHAPTER  I. 


E  are  able  to  trace  the  lineage  of  Governor 
Smith  to  his  maternal  grandfather,  who 
lived  in  Bottetourt  county,  Virginia,  and  whose 
name  was  Woods.  Mr.  —  Woods  and  an  older 
brother  were  there  killed  by  Indians,  who  burned 
his  house  and  carried  his  wife  and  two  daughters 
into  captivity,  from  which  the  wife  and  one 
daughter,  "Sally,"  were  redeemed  by  the  exer- 
tions of  some  French  traders  after  a  captivity  of 
two  years.  The  other  daughter,  about  ten  years 
of  age,  was  "Magdalen  Woods."  This  little  girl 
made  a  very  favorable  impression  upon  her  In- 
dian captors  by  bravely  looking  one  in  the  face, 
who  drew  his  knife  across  her  head,  pretending 
to  be  about  to  take  her  scalp.  During  her  cap- 
tivity she  was  sent  with  a  squaw  to  a  house  in 
the  white  settlements  for  some  corn,  and  was 
there  recaptured,  dressed  in  boy's  clothes  as  a 
disguise,  and  called  "Little  Jack." 


LIFlL  01  HENRY  SMITH.  13 

They  remained  in  Bottetourt  county  until 
Sally  (afterwards  the  wife  of  Capt.  James  Newel, 
of  Eockbridge  county,  Virginia,)  was  married, 
when  Magdalen  moved  with  this  sister  to  Wythe 
county,  Virginia,  where  she  married  Rev.  James 
Smith,  a  Baptist  minister  from  the  eastern  part 
of  the  State;  moved  to  Kentucky  about  1780,  and 
settled  at  a  place  called  "Smith's  Station,"  (now 
Bryantsville,)  in  that  part  of  Lincoln  county  now 
known  as  Garrard. 

He  is  believed  to  have  been  the  first  preacher 
in  the  "Forks  of  Dix  River  Church,"  in  that 
county,  though  not  its  pastor.  It  is  not  known 
that  he  ever  took  pastoral  charge  of  any  church, 
but  was  pre-eminently  a  "pioneer"  in  the  work  of 
the  ministry 

In  1784  he,  with  Rev.  John  Whitaker,  "con- 
stituted" "Bear  Grass  Baptist  Church,"  the  first 
religious  organization  of  any  kind  within  the 
limits  of  Jefferson  county,  Kentucky. 

In  1784  he  visited  Monroe  county,  Illinois, 
where  there  was  a  settlement  of  people  who  had 
emigrated  from  Virginia  and  Kentucky,  was 
their  first  preacher,  and  made  the  first  public 
prayer  that  had  been  made  in  that  settlement 

On  a  subsequent  visit  to  Illinois,  he  was 
taken  prisoner  by  the  Kickapoo  Indians  and  was 


14  LIFE  OF  HENRY  SMITH. 

redeemed  partly  by  contributions  from  the  Bap- 
tist Church,  and  by  beads  and  blankets  from  his 
son  William. 

Eev.  James  Smith  and  his  wife,  nee  Magda- 
len Woods,  are  both  buried  at  Bryantsville,  Gar- 
rard  county,  Kentucky. 

They  had  ten  children,  of  whom  Henry 
Smith,  our  Texas  governor,  was  the  youngest. 
At  21  years  of  age  he  became  a  merchant  on  his 
own  account  in  Nashville,  Tennessee;  afterwards 
at  "Paint  Lick,"  Kentucky,  where,  in  1815,  he 
married  Miss  Harriet  Gillette,  of  a  well-known  and 
highly  respected  family.  From  Kentucky,  prior 
to  1820,  he  removed  to  the  Boonslick  country, 
Missouri,  where,  early  in  1820,  his  wife  died,  leav- 
ing three  sons,  William  Watts  and  his  twin 
brothers,  John  Gillette  and  James  Evans. 

In  January,  1822,  he  married  Elizabeth  Gil- 
lette, a  sister  of  his  first  wife,  who  died  in  1833, 
at  Brazoria,  of  cholera,  leaving  five  daughters, 
Harriet  G.,  (now  the  wife  of  Col.  George  W.  Ful- 
ton, of  Fulton,  Aransas  Co.,)  Jane,  Sarah,  Emily 
and  Sophronia.  In  1839  he  married  Miss  Sarah 
Gillette,  twin  sister  of  his  second  wife,  by  whom 
he  had  one  daughter,  Elizabeth,  who  died  of  yel- 
low fever  in  Galveston  in  1854.  His  widow  died 
in  Liberty  in  1863. 


LIFE  OF  HENRY  SMITH.  15 

From  Missouri,  Ms  veins  full  of  pioneer  blood, 
he  came  to  Texas  early  in  1827. 


CHAPTER  II. 

S  NOUGH  has  been  written  and  spoken  in  de 
^-^^  fence  of  the  pioneers  of  Texas,  and  the 
galaxy  of  names  of  men  from  the  most  dis- 
tinguished families,  and  of  the  highest  type  of 
Christian  civilization,  from  boastful  New  England 
and  other  States  of  the  union  to  satisfy  thinking 
men.  The  unthinking  and  the  unthankful  will 
continue  to  put  faith  in  their  prejudices  and  in 
the  ridiculous  admixture  of  legend  and  romance. 
The  families  who  came  to  settle  in  this  wild- 
erness with  Stephen  F.  Austin,  Green  DeWitt, 
and  other  founders  of  colonies,  were  induced  to 
come  by  offers  from  the  Mexican  government  of 
large  grants  of  land,  and  well-guaranteed  pledges 
of  security  and  protection  to  life  and  property. 
That  government  was  then  believed  to  be  perma- 
nent and  secure,  and  able  to  carry  out,  in  good 
faith  to  the  colonists,  all  that  was  promised. 
Their  constitution  and  laws  were  similar  to  those 
of  the  home  government.  The  climate  was  des- 
cribed as  elysian,  the  earth  productive  beyond 
description— the  waters  to  be  teeming  with  fish 


16  LIFE  OF  HENBY  SMITH. 

and  the  forests  with  game.  In  the  brain  of  the 
ambitious  might  possibly  have  been  found  a  con- 
ception of  the  wish,  father  to  the  belief,  that  this 
country  would,  sooner  or  later,  become  part  of 
the  United  States. 

Unfortunately,  or  fortunately  (?),  the  inter- 
necine revolutions  that  almost  immediately  be- 
gan to  distract  that  unhappy  country,  soon 
pressed  home  to  many  of  the  colonists  the  con- 
viction that  they  could  not  look  with  confidence 
to  the  Mexican  government  to  redeem  its 
pledges  of  protection  from  Indian  depredations, 
and  in  the  peaceful  possession  of  the  rights  accru- 
ing to  them  under  the  colonization  laws.  Still, 
there  was,  for  several  years,  a  measure  of  peaoe, 
and  a  suppression  of  any  sense  of  insecurity  that 
might  creep  in  and  disturb  a  midnight  sleep— 
a  kind^  of  nightmare.  The  settlers  cultivated 
their  lands,  were  rewarded  with  abundant  crops, 
and  saw  their  flocks  and  herds  and  children 
growing  up  around  them.  They  occasionally 
heard  the  muttering  thunders  of  revolution,  but 
at  a  distance. 

Texas,  as  part  of  the  State  of  Coahuila  and 
Texas,  was  finally  divided  into  three  departments 
— the  departments  of  Nacogdoches,  of  Bexar,  and 
the  Brazos.  These  were  sub-divided  into  munici- 


LIFE  OF  HENRY  SMITH.  17 

palities  or  jurisdictions,  each  of  which  had  its 
Ayuntamiento,  presided  over  by  an  Alcalde,  or 
president,  two  associates,  called  Regidors,  an  offi- 
cer called  a  Syndico  Procurador  (a  sheriff),  and  a 
Secretary,  with  the  State  government  at  Mon- 
clova,  in  Coahuila,  where  the  State  Congress  held 
its  sessions. 

Henry  Smith's  home  and  farm  were  in  the 
Jurisdiction  of  Brazoria,  and  he  identified  him- 
self with  every  move  of  the  citizens  for  their 
benefit  and  protection. 

There  he  cultivated  the  soil — taught  school, 
and  afterwards  surveyed  lands.  In  the  battle  of 
Velasco,  June  26,  1832,  he  received  a  severe 
wound  in  the  head. 

At  a  public  meeting  called  to  ratify  the  "Tur- 
tle Bayou  resolutions,"  in  favor  of  adhering  to  the 
principles  of  the  Constitution  of  1824,  a  very  crit- 
cal  period,  in  which  figured  the  Whartons,  Jack, 
Dr.  Branch  T.  Archer,  Waller,  and  other  men  of 
note,  Henry  Smith  came  forward  and  read  an 
address,  in  which  he  foreshadowed  his  course 
three  years  later  as  a  leader  of  the  "Independ- 
ence party,"  in  contradistinction  to  the  party,  at 
that  time  largely  in  the  majority,  who  were  in 
favor  of  fighting  as  an  integral  part  of  Mexico, 
though  at  the  latter  period,  by  successive  revolu- 
tions, the  Mexicans  had  virtually  already  des- 
troyed the  Constitution  of  1824. 


18  LIFE  OF  HENRY  SMITH. 

The  people  of  his  municipality,  recognizing 
his  ability  and  integrity,  elected  Henry  Smith  to 
the  then  important  position  of  Alcalde  of  Bra- 
zoria,  or  Columbia,  for  the  year  1833. 

With  the  pretended  object  of  protecting  the 
public  revenue  and  putting  down  the  smuggling 
that  was  being  carried  on,  in  1831,  Mexican  gar- 
risons had  been  established  at  Nacogdoches,  Ana- 
huac,  at  the  mouth  of  the  Trinity,  and  at  Velasco, 
at  the  mouth  of  the  Brazos.  Their  real  object  was 
not  misunderstood,  and  in  each  locality  the  colo- 
nists arose,  dislodged  the  military  and  compelled 
them  to  leave  the  country. 

In  March,  1833,  agreeably  to  notice  from  the 
"Central  Committee,"  (appointed  by  the  various 
alcaldes  to  facilitate  communication  with  remote 
points  in  the  province,)  an  election  was  held  in 
the  municipality  of  Columbia,  or  Brazoria,  to  elect 
five  delegates  to  represent  them  in  the  general 
convention  to  be  held  in  San  Felipe,  on  the  1st  of 
the  following  April,  for  the  purpose  of  memorial- 
izing the  Mexican  Congress,  (as  is  already  famil- 
iar history,)  for  a  State  government,  separate 
from  Coahuila,  according  to  their  constitutional 
pledge— "  Whenever  Texas  shall  be  in  a  condition 
to  figure  as  a  State  by  itself."  They  now  adjudged 
themselves  to  be  in  that  condition. 


LIFE  OF  HENRY  SMITH.  19 

The  five  delegates  elected  were 
William  H.  Wharton,      -    -    100  votes. 

Henry  Smith, 86     " 

Branch  T.  Archer,  ....  85  * 
R  M.  Williamson,  -  -  -  -  65  " 
Eobert  Mills, 56  " 

(Signed,)     JOHN  AUSTIN,  Pres't. 

J.  P.  CALDWELL,  )  m  n 
ASABRIGHAM,     } Tellers" 

The  convention  prepared  their  plan  for  a 
State  government,  with  a  petition  to  the  Mexican 
Congress,  and  selected  Stephen  F.  Austin,  Dr. 
James  B.  Miller  and  Wm.  H.  Wharton,  as  their 
commissioners  to  present  them,  but  Austin  only 
went  on  the  mission. 

The  commissioner,  on  his  way  to  the  City  of 
Mexico,  wrote  the  following  letter  to  the  Ayun- 
tamicnto  of  Brazoria : 

MATAMOROS,  30th  May,  1833. 

The  public  was  very  much  agitated  in  this 
place  by  false  reports  and  rumors  relative  to 
Texas;  but  they  have  been  removed  by  the  state- 
ment of  facts  which  I  have  laid  before  his  Excel- 
lency the  Commander,  General  Don  Vicente 
Filisola,  who  assures  me  of  the  paternal  inten- 
tions of  the  government  towards  the  people  of 
Texas.  There  never  has  been  any  just  cause  to 
doubt  that  such  are  its  intentions.  All  the  vague 


20  LIFE  OF  HENRY  SMITH. 

rumors  that  have  been  circulated  as  to  the  march 
ing  of  a  large  army  to  Texas  with  hostile  view 
are  utterly  false. 

The  General  has  orders  to  re-establish  th 
Custom  House  and  the  Military  Garrisons  an 
will  proceed  to  do  so,  for  the  purpose  of  protec' 
ing  the  public  revenue,  and  stopping  the  scande 
lous  contraband  that  has  been  carried  on  i: 
tobacco  from  the  ports  of  Texas.  I  have  assure 
him  that  he  would  receive  the  support  of  th 
colonists  in  sustaining  the  Revenue  law,  an 
that  they  would  do  their  duty  faithfully  as  Mex 
can  citizens. 

I  have  pledged  my  honor  for  the  truth  of  thi 
declaration,  and  have  full  confidence  that  th 
people  of  Texas  will  not  forget  the  pledge  I  ha^v 
made,  but  will  by  their  acts  prove  its  correctnes: 
and  that  the  Revenue  laws  can  be  enforced  witl 
out  the  aid  of  large  Military  Garrisons. 

Mr.  George  Fisher  will  leave  here  shortly  i 
enter  upon  the  duties  of  collector  of  Galvestoi 
with  only  a  sufficient  number  of  troops  for  nece 

sary  guards,  etc, 

Whatever  ideas  and  opinions  may  have  her 
tof  ore  existed  as  to  Mr.  Fisher  they  should  now  I 
consigned  to  oblivion  and  forgotten.  He  returr 
as  an  officer  of  the  Government  and  as  such  it 


LIFE  OF  HENRY  SMITH.  21 

the  duty  of  the  people  to  respect  and  sustain 
him.  I  will  also  observe  that  I  have  investigated 
very  minutely  all  the  past  transactions  in  which 
he  was  concerned  and  have  formed  the  opinion 
that  the  excitement  which  unfortunately  grew 
out  of  them,  was  produced  by  misconceptions 
and  suspicions  too  hastily  entertained,  and  not 
from  an  intention  to  do  wrong  or  injure  any  one. 
I  believe  there  were  misconceptions  on  both 
sides,  and  probably  as  much  on  one  part  as  on 
the  other.  Mr.  Fisher  will  make  an  useful  col- 
lector. His  knowledge  of  the  English  language 
(Mr.  Fisher  was  a  Greek)  will  give  more  facili- 
ties in  his  intercourse  with  the  people  than  could 
exist  with  a  collector  who  was  unacquainted 
with  that  language.  I  therefore  particularly 
recommend  the  utmost  harmony  with  him,  and 
that  he  be  sustained  in  the  discharge  of  his  duty 
by  all,  regardless  of  the  clamors  of  a  few  tran- 
sient traders  who  would  involve  the  honest 
farmer  in  difficulty  with  the  authorities,  if  they 
could  increase  their  profits  thereby. 

The  political  events  of  the  past  year  neces- 
sarily produced  a  temporary  and  partial  disor- 
ganization in  the  regular  administration  of  the 
government  all  over  the  nation,  which,  as  a  mat- 
ter of  course,  extended  to  Texas.  Everything 


22  LIFE  OF  HENRY  SMITH. 

has  now  settled  down  again  upon  the  constitu- 
tional basis,  and  the  regular  operation  of  the 
laws  and  all  the  legal  authorities  has  been 
restored. 

The  temporary  and  provisional  measures 
which  the  peculiar  exigencies  of  the  times  may 
have  rendered  necessary  to  preserve  the  public 
tranquility,  and  protect  persons  and  property, 
have  consequently  ceased  all  over  the  nation.  I 
have  assured  the  commanding  general  that  they 
will  also  cease  as  a  matter  of  course  in  Texas, 
I  therefore  particularly  recommend  that  what- 
ever temporary  deviation  from  the  laws  there 
may  have  been  in  the  organization  of  the  militia, 
or.  in  any  other  matters  should  be  corrected 
without  delay,  and  everything  restored  again  to 
the  legal  basis,  as  has  been  done  all  over  the 
Republic 

The  general  congress  adjourned  the  20th  of 
this  month,  and  as  there  will  not  be  another  reg- 
ular session  until  January  next,  my  journey  to 
Mexico  was  rendered  measurably  useless.  I 
have  also  been  very  much  debilitated  by  dysen- 
tery or  cholorina  which  prevails  here.  These 
considerations  determined  me  to  postpone  my 
trip  to  the  capitol  for  the  present,  and  I  forward- 
ed the  memorial  of  the  convention  to  the  gov- 


LIFE  OF  HENRY  SMITH.  23 

eminent  through  the  commanding  general. 
Sinc&  then  my  health  has  improved  and  an 
opportunity  having  unexpectedly  presented  of  a 
passage  to  Vera  Cruz  by  sea,  I  have  concluded 
to  embrace  it,  and  shall  depart  in  a  few  hours. 

I  will  close  by  assuring  you  that  I  have  the 
most  unlimited  confidence  in  the  patriotism, 
liberality  and  justice  of  the  government,  and  I 
rely  with  full  confidence  upon  the  people  of 
Texas,  to  sustain  firmly  all  the  authorities,  both 
Federal  and  State,  and  to  obey  the  laws  strictly. 
By  so  doing  they  will  procure  a  State  Govern- 
ment and  keep  away  large  and  unnecessary 
military  garrisons,  and  obtain  everything  that  a 
reasonable  people  ought  to  ask  for  or  a  just  and 
liberal  government  ought  to  grant. 

Eespectf ully  your  friend  and  servant, 

S.  F.  AUSTIN. 

To  the  Ayuntamiento  of  Brazoria. 

N.  B. — I  recommend  that  the  people  of 
Texa^  should  be  mild,  calm,  and  firm  in  favor  of 
making  a  state  of  Texas  by  legal  and  constitu- 
tional means,  and  by  no  others. 

S.  F.  AUSTIN. 

On  the  1st  day  of  January,  1834,  a  newly 
elected  Ayuntamiento  was  inaugurated  for  the 


24  LIFE  OF  HENRY  SMITH. 

municipality  of  Brazoria,  of  which  Edwin  Waller 
was  Alcalde,  William  H.  Wharton  and  Capt. 
Henry  S  Brown  were  the  Eegidors  or  Asssociate 
Justices,  with  Peyton  R.  Splane  as  Syndico  Pro- 
curador,  or  Marshal.  All  of  these  gentlemen 
had  fought  at  the  battle  of  Velasco,  on  the  26th 
of  June,  1832.  Of  this  body,  on  the  next  day, 
Henry  Smith,  also  a  soldier  of  Yelsaco,  was  ap- 
pointed Secretary ;  but  on  the  *24th  of  July,  1834, 
he  was  notified  of  his  appointment  as  Political 
Chief  of  the  department  of  Brazos,  by  Viesca, 
the  Mexican  governor  of  Coahuila  and  Texas. 
The  original  commission  in  Spanish,  lies  before 
us.  It  came  to  him  through  the  hands  of  Wm. 
Barrett  Travis,  at  that  time  Secretary  of  the 
Ayuntamiento  of  San  Felipe.  Accompanying 
its  transmission  is  a  letter  from  the  pen  of  our 
immortal  hero,  whose  name  never  falls  from  lip 
or  pen  without  awakening  a  thrill  of  admiration 
and  love,  Henry  Smith  was  fortunate  enough 
to  have  in  him  a  warm,  confiding  and  true 
friend.  The  letter  is  as  follows : 

To  Citizen  Henry  Smith,  Brazoria  : 

DEAR,  SIR: — I  have  the  honor  herewith  to 

transmit  to  you  a  communication  from  the  acting 
alcalde  of  this  town,  notifying  you  of  your  ap- 
pointment to  the  office  of  Political  Chief  of  the 

On  the  26th  of  July,  two  days  later,  Capt.  Henry  S.  Brown,  second  Regidor.died  In 
Columbia. 


LIFE  OF  HENRY  SMITH.  25 

department  of  the  Brazos,  and  requesting  that 
you  will  immediately  repair  to  this  village  to 
take  the  oath  of  office  before  the  Ayuntamiento, 
and  to  be  installed  in  compliance  with  the  order 
of  the  government. 

It  is  all  important  that  you  should  be  put  in 
the  exercise  of  your  office  as  soon  as  possible,  in 
order  that  you  may  preside  at  the  approaching 
election  for  governor,  lieutenant  governor,  coun- 
sellors and  a  member  of  the  State  congress  from 
this  department. 

Allow  me  to  congratulate  you  as  the  first 
American  who  has  been  appointed  to  the  office  of 
Political  Chief,  and  to  hope  that  you  may  be  the 
means  of  great  good  to  Texas.  I  have  the  honor 
to  subscribe  myself  your  friend  and  obedient 
servant.  "God  and  Liberty," 

WM.  BARRETT  TRAVIS. 
San  Felipe  de  Austin,  July  24th,  1834, 

P.  S. — There  is  a  large  bundle  of  documents 
in  the  Post  Office  here  directed  to  you  as  Political 
Chief,  the  contents  of  which  we  are  anxious  to 
know.  We  hope  you  will  soon  be  here  to  gratify 
the  wishes  of  the  citizens. 

As  I  presume  you  have  not  seen  the  law 
creating  the  new  department  of  Brazos,  I  will 
say  to  you  that  it  provides  that  the  chief  shall 


26  LIFE  OF  HENRY  SMITH 

receive  a  salary  of  $800.00  payable  monthly  and 
$450.00  for  a  clerk. 

I  hope  you  will  be  here  by  the  last  of  the 
month,  or  before,  if  possible. 

This  goes  by  express.  Your  friend, 

TRAVIS. 

In  no  better  way  can  the  difficulties  and  dis- 
couragements with  which  he  was  beset  as  politi- 
cal chief,  be  learned  than  by  giving  to  the  public 
his  correspondence,  or  so  much  of  it  as  we  have 
been  able  to  procure. 

Under  date  of  Bexar,  Sept.  llth,  1834,  we 
find  the  following  from  Hon.  R.  M.  Williamson: 

MY  DEAR  SIR:— I  arrived  in  this  place  six 
days  past,  where  I  have  been  detained  princi- 
pally by  the  ill  health  of  my  companion,  (Mr. 
Vanderveer). 

By  to-day's  mail  we  had  important  news 
from  Monclova,  the  capitol  of  Coahuila.  It  seems 
the  state  government  upon  the  plan  and  principles 
of  the  constitution  (of  1824)  is  completely  dissolved. 
A  military  despot  is  governor,  whose  ignorance  is 
alone  equaled  by  his  arrogance.  There  will  be 
no  congress  this  present  year  in  Monclova  and 
every  constitutional  officer  of  the  state,  so  far  as 
I  have  been  informed,  has  been  deposed  by  the 
insurgents. 


LIFE  OF  HENRY  SMITH.  27 

It  is  shrewdly  conjectured  here  by  the 
friends  of  the  constitution  that  an  attempt  will 
be  made  to  depose  the  chief  of  this  (Bexar)  de- 
partment by  the  military.  It  is  to  be  hoped  they 
will  let  this  opportunity  for  wrong  doing  pass  by. 
However,  this  evening  will  tell  the  news,  and  I 
will  give  you  fully  what  follows. 

I  indulge  the  hope  that  Texas  will  remain 
firm.  Our  constitution  may.  be  violated,  but  its 
principles  can  never  be  destroyed. 

Should  an  event,  such  as  that  predicted  in 
this  place,  occur  this  evening,  I  pray  that  the 
colonists  will  not  permit  the  handful  here  to 
trample  over  so  excellent  a  citizen  as  Juan 
Seguin.  Both  himself  and  father  are  absent  and 
have  been  from  this  place  for  several  days. 

The  military,  therefore,  confident  of  success, 
will,  according  to  the  best  information  I  can  pro- 
cure, put  down  the  one,  (Juan). 

I  leave  on  to-morrow  for  Monclova.  May 
the  Lord  prosper  you  and  the  colonies.  Give  my 
respects  to  Travis,  Baker  and  all  my  friends. 

Adieu,  WILLIAMSON. 

And  the  following  from  W.  Barrett  Travis. 
SAN  FELIPE  DE  AUSTIN,  Oct.  llth,  1834. 
To  Citizen  Henry  Smith,  Political  Chief. 

DEAR  SIR. — Your  esteemed  favor  of  the  4th 
inst.,  came  to  hand  this  moment. 


28  LIFE  OF  HENRY  SMITH. 

I  wrote  you  some  time  since  and  am  sorry 
you  did  not  receive  my  letter,  as  in  it  I  pressed 
you  to  come  up  as  soon  as  possible.  You  say 
you  do  not  know  what  to  do  !  "We  are  all  at  a 
loss.  But  one  thing  is  certain,  never  has  there 
been  a  time  when  your  presence  was  so  much 
needed  here  as  now. 

You  ask  for  my  opinion.  It  is  worth  but 
little,  as  I  pay  little  attention  to  politics. 

I  agree  perfectly  with  the  sentiments 
breathed  in  the  hand-bill,  I  have  just  read,  in 
which  Oliver  Jones'  letter  is  published,  and  I 
think  that  Texas  is  forever  ruined  unless  the  citi- 
zens make  a  manly,  energetic  effort  to  save  them- 
selves from  anarchy  and  confusion,  which  are 
the  worst  of  all  evils.  To  do  this  the  central 
committee  should,  by  virtue  of  the  powers 
vested  in  them  and  in  conjunction  with  the 
political  chief  and  ayuntamiento,  call  a  consti- 
tutional assembly  of  the  representatives  of  the 
people  of  the  different  districts  of  Texas,  to  meet 
at  this  place  or  Bexar,  to  deliberate  upon  the 
state  of  our  affairs  and  with  absolute  powers  to 
dispose  of  the  destinies  of  the  country  according 
to  circumstances ;  for,  we  are  virtually  and  ipso 
facto  without  any  legal  government  in  the  state 
or  nation.  Public  documents  received  here  con- 


'  LIFE  OF  HENRY  SMITH.  29 

firm  the  statement  you  have  received  by  private 
letters,  so  that  we  are  subject  legally  and  consti- 
tutionally  to  no  power  on  earth,  save  our  sover- 
eign selves.  We  are  actually  in  a  situation  of 
revolution  and  discord,  when  it  becomes  the  duty 
of  every  individual  to  protect  himself.  And 
allow  me  to  tell  you,  that  in  my  humble  opinion, 
unless  something  is  done  by  Texas  herself,  the 
mandates  of  every  officer  in  the  republic  and 
State  will  be  disobeyed  and  trampled  under  foot 

The  fact  is,  something  must  be  done  to  save 
us  from  our  inevitable  fate,  and  the  sooner  the 
better.  You,  as  the  highest  legal  and  constitutional 
officer  in  the  State  and  the  only  one  in  existence  that 
we  ought  to  obey,  have  it  in  your  power  to  do  every- 
thing  for  Texas,  by  taking  the  lead  in  our  public 
affairs. 

Let  all  party  animosities  drop.  Let  us  march 
like  a  band  of  brothers  to  the  same  saving  and 
vitally  important  point. 

Please  show  this  to  Wharton,  and  whatever 
a  majority  does,  let  us  all  support  heart  and 
hand.  Comet  Come!  Come! 

Your  friend, 

WM.  BARRETT  TRAVIS. 

The  people  of  Bexar  met  October  18th  and 
formed  what  is  known  as  the  uPlan  of  Bexar," 


30  LIFE  OF  HENRY  SMITH. 

and  resolved  that  a  State  convention  be  held  at 
Bexar,  November  15th,  to  organize  a  provisional 
government.  This  was  proposed  by  Don  Erosmo 
Seguin,  Political  Chief  of  that  department.  A 
copy  was  transmitted  to  the  other  departments. 
The  Texas  deputies  at  Monclova  also  recom- 
mended the  same  But  all  failed. 

On  the  20th  of  October  Henry  Smith,  Politi- 
cal Chief,  issued  his  address  entitled  "Security 
for  Texas."  addressed  to  the  ayuntamientos  of 
his  department  and  to  the  citizens  of  Texas 
generally. 

Its  historical  importance  justifies  its  inser- 
tion here. 

SECURITY  FOR  TEXAS. 

[Official.] 

CHIEFTAINCY  OF  THE  DEPARTMENT  OF  BRAZOS,  ) 

OCTOBER  20,  1834.  J 

To  the  consideration  of  the  ayuntamientos 
of  this  department,  and  to  the  citzens  of  Texas 
generally,  the  following  remarks  are  respectfully 
submitted : 

Feeling  it  a  duty  incumbent  on  me,  not  only 
as  the  political  chief  of  this  department,  but  as  a 
citizen,  in  common  with  others,  to  warn  my  fel- 
low citizens  of  impending  dangers  when  I  see 


LIFE  OF  HENRY  SMITH.  31 

their  approach  ;  and  at  the  same  time  to  recom- 
mend the  adoption  of  such  measures  of  public 
security,  as  to  me  may  seem  best  calculated  to 
avert  those  evils  and  promote  the  general  good,  I 
consider  this  not  only  to  be  a  privilege,  but  a 
duty  incumbent  on  all  who  feel  a  lively  interest 
in  the  promotion  of  the  public  weal,  to  freely 
discuss  public  men  and  measures,  particularly 
when  those  privileges  are  guaranteed  by  the  con- 
stitution and  laws  of  the  land.  That  a  crisis  has 
now  arrived  in  the  political  affairs  of  Texas 
which  is  not  only  calculated  to  arouse  from 
lethargy  the  most  torpid  and  unenergetic  citizen 
in  it,  but  to  particularly  call  forth  the  energies 
of  the  high-minded  public  spirited  citizens  to 
interpose  fortwith,  and  to  save  this  fair  portion 
of  the  State  from  anarchy  and  confusion,  which 
must  inevitably  result  in  her  final  ruin.  The  fol- 
lowing letter  from  our  representative  in  the  State 
congress,  together  with  other  data  to  the  same 
effect,  will  at  once  show  the  necessity  for  ener- 
getic measures  on  the  part  of  Texas: 

MONCLOVA,  September  2,  1834. 
DEAR  SIR.— The  political  affairs*  of  this  sec- 
tion of  the  country  are  in  a  state  of  perfect  an- 
archy and   confusion.      The  State  government 
has  fallen  into  pieces,  without  leaving  a  founda- 


32  LIFE  OF  HENRY  SMITH. 

tion  on  which  another  can  be  constitutionally 
erected  On  the  30th  of  last  month  an  officer  of 
the  permanent  army  was  proclaimed  governor 
of  the  State  by  fifteen  officers  of  the  army,  two 
members  of  the  ayuntamiento  of  this  place,  and 
three  of  the  deputies  of  the  congress ;  and  the 
former  governor  turned  out  of  office.  There  is 
not,  nor  will  there  be,  any  congress  or  permanent 
deputation  in  this  place  during  the  present  year. 
At  one  time  since  my  arrival  in  this  city  there 
were  seven  members  present,  two  of  whom  were 
of  the  Saltillo  party  and  refused  to  serve,  and 
immediately  left  for  that  place  Vasquez  left  this 
morning  for  Texas.  I  shall,  if  permitted,  remain  a 
few  weeks  longer.  The  government  established 
in  Saltillo  still  exists  and  is  gaining  ground.  The 
towns  of  Rio  Grande,  Morales,  San  Juan  de  Mat 
and  Santa  Eosa  have  declared  in  favor  of  Sal- 
tillo. *  There  are  about  500  militia  and  permanent 
troops  in  this  place,  but  up  to  the  present  time 
they  have  been  inactive.  The  government  of 
Saltillo  appears  to  be  on  an  equal  footing  with 
that  of  this  place,  and  has  an  equal  number  of 
supporters  in  this  part  of  the  State.  Is  not 
Texas  as  much  entitled  to  a  government  as  the 
former?  She  is  without  one,  in  fact,  none  exists 
in  the  nation  of  which  she  forms  a  part.  I  am 


LIFE  OF  HENRY  SMITH.  33 

of  the  opinion  that  this  is  a  subject  worthy  your 
deliberation  at  this  critical  moment. 

The  State  of  Vera  Cruz  has,  I  am  informed, 
declared  in  favor  of  a  central  government,  and  I 
have  no  doubt  of  Santa  Anna's  intention  to  es- 
tablish that  form  of  government.  Chambers 
will  leave  in  a  few  days  for  Texas.  Yours,  etc., 

OLIVER  JONES. 

It  will  be  seen  from  the  above  letter  that 
the  Saltillo  party  has  been  acquiring  strength  for 
some  time,   and  the  Monclova  party  are  of  a 
more  recent  formation,    possessing  now  about 
equal  force ;  both  of  whom,  however,  are  spurious 
and  in  direct  opposition  to  the  constituted  author- 
ities, endeavoring  to  make  null  everything  like 
constitutional  law.      Our  representative,  to  use 
his  own  words,   makes  the  following  inquiry: 
"Is  not  Texas  as  mi^ch  entitled  to  a  government 
as  the  former  ?    She  is  without  one ;  in  fact  none 
exists  in  the  nation  of  which  she  forms  a  part." 
The  inquiry  made  by  our  representative  is  per- 
fectly natural,  and  will  present  itself  to  the  mind 
of  every  thinking  man.     That  a  government  for 
Texas  is  absolutely   necessary,   that   she  is  evi- 
dently without  one,  are  points  upon  which  there 
can  exist  but  little  difference  of  opinion.    That 
Texas  should  immediately  organize  and  protect 


34  LIFE  OF  HENRY  SMITH. 

herself  from  impending  ruin  all  must  agree. 
But  how  organize?  And  by  what  means  afford 
herself  that  protection  so  necessary  to  her  well 
being?  are  matters  about  which  much  contra- 
riety and  difference  of  opinion  may  be  expected. 
Many  would  be  in  favor  of  organizing,  on  the 
principles  heretofore  adopted,  of  forming  Texas 
into  a  separate  and  independent  State,  leaving 
herself  subject  to  the  action  of  the  general  gov- 
ernment. She  has  once  been  memorialized  on 
that  subject,  and  the  result  not  yet  ascertained, 
for  our  bearer  of  dispatches,  for  aught  we  know, 
may  yet  be  persecuted  even  unto  death  for  his 
seeming  temerity,  which  leaves  but  little  hope  for 
any  favor  to  be  expected  from  that  quarter — well 
knowing,  as  we  do,  the  deep  rooted  prejudices 
which  have  unfortunately  been  imbibed  against 
us  throughout  the  republic.  It  would  be  well  for 
Texas,  under  existing  circumstances,  to  view  her 
situation  and  dependence  as  respects  her  connec- 
tion with  the  State  and  general  governments, 
both  now  in  a  state  of  anarchy !  Let  her  then 
hazard  nothing,  but  promptly  adopt  the  most 
prudent  and  least  exceptional  course  which  can 
be  found  within  her  reach,  hazarding  as  little  to 
the  action  of  the  general*  government  as,  possible : 
for  when,  or  what  form  of  government,  she  may 


LIFE  OF  HENEY  SMITH.  35 

ultimately  settle  down  in,  I  presume  but  a  few, 
if  any  of  us,  are  sufficiently  gifted  with  the  spirit 
of  prophecy  to  determine.  Taking,  then,  a 
superficial  view  of  our  situation,  as  being  with- 
out government  or  law,  must  be  to  every  think- 
ing mind  truly  appalling,  and  should  be  shunned 
as  the  greatest  evil  which  could  possibly  befall 
us ;  for  if  we  should  once  suffer  ourselves  to  be 
brought  into  a  situation  so  horrible,  it  would  be 
truly  fortuitous  if  we  should  ever  be  reclaimed. 
Bat  it  may  be  considered  by  some  that  inas- 
much as  the  general  and  State  governments  are 
both  in  a  state  of  anarchy,  that  Texas,  being  an 
appendage,  must  necessarily  fall  into  the  train. 
In  answer  to  this,  I  say  that  the  present  situa- 
tion of  Texas,  in  a  political  point  of  vie^vy,  is 
peculiar  to  herself  alone,  and  her  destinies  de- 
pend solely  on  her  own  action,  having  still  within 
her  reach  the  constitutional  reins,  and  as  such 
can  control  the  machine  called  government  into 
the  proper  and  legitmate  channel,  or  she  can 
directly  or  tacitly  embrace  the  destroying  fiend 
called  anarchy,  which,  it  is  well  known,  stalks 
abroad  in  the  land  seeking  whom  she  may  devour. 
Let  Texas  shun  her  poisonous  embrace,  and  call 
forth  the  energies  of  her  patriotic  citizens  to  sus- 
tain her  from  the  threatened  labyrinth  of  anarchy, 


36  LIFE  OF  HENRY  SMITH. 

military  misrule  and  threatened  ruin.  To  a  su- 
perficial or  casual  observer,  the  political  horizon 
of  Texas  would  seem  to  be  overcast  and  the  foot- 
steps of  anarchy  already  making  their  appear- 
ance. These  ideas,  although  they  may  be  treated 
as  illusory  by  many,  may  soon  prove  sad  realities 
and  leave  us  without  a  remedy. 

But,  as  I  before  observed,  Texas  has  every- 
thing she  needs  within  her  own  control  Her  un- 
natural connection  with  Ooahuila,  a  dissolution 
of  which  has  been  so  much  desired  on  the  part  of 
Texas,  is  now,  by  the  act  of  the  former,  dissolved. 
Let  Texas,  then,  abandon  her  to  her  fate.  She 
has  withdrawn  herself  by  her  own  willful  and 
unlawful  act,  forfeiting  all  claims  to  protection 
from  the  provisions  of  the  civil  compact;  let  her, 
then,  quietly  enjoy  the  blessings  of  anarchy.  She 
was  at  best  but  an  unnatural  sister,  and  Texas 
could  have  expected  nothing  better  of  her  than 
sooner  or  later  she  would  act  worthy  of  her  noble 
self  and  become  a  prostitute  to  the  first  military 
chieftain  who  might  think  her  worth  wooing;  she 
has  by  her  own  willful  and  abandoned  conduct 
thrown  herself  without — let  Texas,  then,  keep 
herself  within — the  pale  and  provisions  of  the 
constitution,  which  she  has  sworn  to  support  and 
protect.  Let  the  separation  caused  by  the  act  of 


LIFE  OF  HENRY  SMITH.  3V 

Coahuila  be  responded  to  by  Texas  and  declared 
perpetual.  Coahuila  will,  in  this  case,  be  left 
without  plea  or  excuse.  Having  willfully  commit- 
ted an  act  of  treachery  by  plighting  her  faith  and 
forfeiting  all  her  guarantees,  she  can  never  be 
allowed  to  take  advantage  of  her  own  wrong. 
Let  Texas,  then,  immediately  close  in  with  her 
on  her  own  terms;  suffering  her  quietly  to  enjoy 
all  the  rights,  privileges  and  benefits  which  she 
can  derive  from  the  reign  of  anarchy  and  military 
despotism.  But  Texas  is  certainly  not  compelled 
to  follow  in  her  train— she  is  left  free  to  act  for 
herself.  Let  her,  then,  act  the  wise  and  prudent 
part  by  sustaining  herself  within  her  own  limits, 
under  the  auspices  of  that  constitution  which  she 
has  sworn  to  sustain  and  support,  and  thereby 
leave  nothing  dependent  on  the  action  of  the 
general  government.  Texas  would  then  occupy 
a  position  which  she  has  long  desired;  if  not  en- 
tirely as  she  wished,  as  nearly  so  as  circumstances 
at  present  will  possibly  admit.  If  she  will  act 
promptly  and  assume  that  position,  it  will  be  one 
against  which  the  general  nor  no  other  govern- 
ment in  the  world  can  take  exceptions;  and  by 
that  and  no  other  legitimate  means  can  she  save 
herself  from  anarchy.  I  deem  it  all-important, 
then,  that  Texas  be  immediately  consulted  by  her 
representatives  from  every  section,  (one  or  two 


88  LIFE  OF  HENRY  SMITH. 

from  each  jurisdiction  would  be  sufficient,)  to 
meet  in  public  council,  to  deliberate  and  deter- 
mine on  the  course  the  best  calculated  to  promote 
the  interests  of  Texas  at  the  present  crisis.  If,  on 
a  fair  scrutiny  and  investigation  of  my  fellow- 
citizens,  my  views  (the  outline  of  which  is  here 
delineated)  should  be  found  consistent  and  to  ac- 
cord with  the  general  interest,  it  would  be  well 
for  the  different  ayuntamientos  of  this  depart- 
ment to  issue  their  writs  and  hold  their  elections 
as  usual,  and  make  their  returns  as  formerly,  in 
order  that  all  the  municipal  offices  be  filled  out 
in  accordance  with  the  constitution  and  laws,  of 
which  duties  they  are  hereby  notified  and  requir- 
ed to  perform.  In  continuation,  let  the  central 
committee  at  San  Felipe,  by  virtue  of  the  authori- 
ty vested  in  them  by  the  former  conventions,  im- 
mediately convoke  the  people  of  all  Texas,  through 
their  representatives,  to  meet  in  public  council 
and  formally  protest  against  the  further  inter- 
ference of  Coahuila  within  her  domain;  and  that 
inasmuch  as  she  has  of  her  own  choice  forfeited 
her  birthright,  and  with  it  all  the  guarantees  ex- 
tended to  her,  in  common  with  Texas,  in  the  civil 
compact;  that  the  latter,  by  virtue  of  those  guar- 
antees declares  herself  henceforth  and  forever 
separate  and  detached  from  the  former;  and  that 


LIFE  OF  HENRY  SMITH.  39 

all  acts  emanating  from  the  authorities  of  Coa- 
huila,  since  her  innovation,  in  anywise  calculated 
to  operate  or  interfere  with  the  local  or  political 
affairs  of  Texas,  will  by  her  be  considered  as  an 
infringement  and  treated  as  null  and  void.  Let 
all  the  offices  which  have  been  vacated  (causing 
the  present  interregnum)  be  as  speedily  as  possi- 
ble filled  out,  and  as  nearly  in  conformity  with 
the  provisions  of  the  constitution  as  circumstan- 
ces will  possibly  admit,  leaving  nothing  undone 
which  would  be  in  the  least  calculated  to  furnish 
within  the  limits  of  Texas  a  complete  system  of 
government  as  designated  in  that  instrument. 
Texas,  in  doing  this,  would  not  only  act  worthy 
of,  and  afford  herself  protection,  but  would  evince 
to  the  republic  and  to  the  world  that,  although 
her  citizens  are  only  exotics,  they  had  found  the 
climate  and  soil  in  which  they  were  now  settled 
congenial  to  their  well  being,  and  as  such  they 
were  ever  alive  to  the  rights  and  privileges  guar- 
anteed to  them  by  that  government,  whose  invi- 
tation they  had  accepted,  whose  wilderness  they 
had  settled,  and  whose  constitution  and  laws  they 
respected.  She  has  once  turned  her  face  against 
innovation  and  military  misrule ;  let  her,  then, 
continue  to  act  consistent  and  evince  to  the  world 
that  she  possesses  stamina  of  character  (a  chip 


40  LIFE  OF  HENRY  SMITH. 

of  the  old  block)  and  that  her  rights  and  privi 
leges  are  immutable,  and  are  not  to  be  thwarte< 
by  the  whims  and  caprices  of  every  lawless  mol 
who  may  think  proper  to  set  themselves  up  ii 
opposition.  If  confidence  can  be  placed  in  th 
representations  of  our  representative,  which  i 
certainly  worthy  of  the  highest  credit,  (indeper 
dent  of  which  the  same  information  has  beei 
transmitted  to  us  from  private  gentlemen  of  th 
highest  respectability,  leaving  the  matter  beyon< 
any  reasonable  probability  of  doubt),  the  coir 
mittee,  then,  before  alluded  to,  being  appointe< 
as  a  committee  of  vigilance,  safety  and  corres 
pondence,  and,  as  it  were,  placed  on  the  watcl 
tower,  will  certainly  deem  this  a  matter  worth; 
their  attention;  and,  if  so,  act  promptly ;  or  othei 
wise  publicly  assign  their  reasons,  in  order  tha 
some  other  mode  of  co-operation  may  b 
adopted. 

These,  fellow  citizens  are  my  honest  opinion 
on  this  all-important  subject ;  they  are  given  t< 
you  freely,  frankly  and  firmly ;  I  am  fully  aliv 
to  the  importance  of  the  subject,  and  have  re 
fleeted  deeply  on  the  consequences  which  ma; 
flow  from  the  decision  which  you  may  make 
and  satisfied  as  I  am  in  my  own  mind  of  the  coi 
rectness  of  my  conclusions,  I  call  upon  you  t< 


LIFE  OF  HENRY  SMITH.  41 

come  forward  on  this  important  occasion,  to  act 
promptly  and  to  protect  yourselves.  In  a  country 
situated  like  ours,  so  illy  provided  with  the  facil- 
ities of  communication  I  fear  that  more  danger 
is  to  be  aprehended  from  the  want  of  concert  of 
action  than  the  want  of  unanimity  of  opinion. 
This  consideration  alone  should  give  activity  and 
energy  to  all  those  who  feel  an  interest  in  the 
welfare  of  their  adopted  country.  I  am  well 
aware  that  there  are  many  who  will  oppose  the 
opinions  that  I  have  here  expressed ;  I  know  that 
they  possess  power  and  influence,  and  I  also 
know  that  both  will  be  exercise'!  to  controvert 
these  opinions  and  to  produce  results  contrary  (as 
I  conceive)  to  the  true  interests  of  Texas,  But, 
fellow  citizens,  I  warn  you  against  taking  the 
ipse  dixit  of  any  man  for  established  truth,  and 
I  call  upon  you,  who  are  the  bone  and  sinew  of 
the  land,  to  think  for  yourselves  and  weigh  well 
the  all-important  matter  now  submitted  for  your 
consideration  and  decision.  If  any  should  oppose 
you  in  your  opinion,  call  upon  them  publicly  to 
assign  their  reasons ;  let  them  satisfy  and  con- 
vince you  ere  you  follow  in  their  train ;  for  it  may 
sometimes  happen  that  private  interests  will  con- 
flict with  the  public  weal,  and  that  men  may  be 
found  Vrtio  will  sacrifice  the  latter  at  the  shrine 


42  LIFE  OF  HENRY  SMITH. 

of  the  former.  Let  none  of  my  fellow  citizens  be 
so  uncharitable  as  to  attribute  the  views  here  ad- 
vanced to  a  spirit  of  dictation,  or  as  having  em- 
anated from  the  wild  aberrations  of  a  young 
aspiring  or  an  ambitious  man,  for  those  of  you 
who  know  me  well  know  than  I  am  contented 
with  an  humble  sphere  in  life.  But  a  nine  years 
siege  in  the  wilderness  of  Texas,  suffering  in  com- 
mon with  you  all  the  privations  and  hardships 
naturally  attendant  on  such  a  situation,  sustained 
by  hope  and  fondly  anticipating  the  future,  now 
to  see  that  future  suddenly  overcast,  depicting 
and  threatening  all  the  evils  attendant  on  a  state 
of  anarchy  and  confusion;  and  being  impelled 
by  my  oath  of  office  to  warn  you  of  the  approach 
of  those  dangers,  will,  it  is  hoped,  be  considered 
as  sufficient  reason  to  warrant  the  present  appeal 
If,  however,  fellow  citizens,  upon  a  fair  investi- 
gation of  this  important  question,  a  majority  of 
you  should  be  in  favor  of  a  State  government  for 
Texas,  on  the  principle  heretofore  attempted,  you 
will  certainly  not  find  me  in  opposition ;  having 
no  other  object  in  view  than  that  of  promoting 
the  general  interest,  by  providing  and  establish- 
ing for  Texas  a  separate  government,  to  which 
she  is  justly  entitled,  and  without  which  her  in- 
terests can  not  be  sustained.  I  have  maturely 


LIFE  OF  HENRY  SMITH.  43 

deliberated  on  the  situation  of  Texas,  both  as  con- 
nected with  the  State  and  general  government, 
and  have  recommended  the  former  course  in 
preference  to  the  latter,  for  the  reasons  already 
set  forth,  having  an  honest  conviction  that  under 
all  the  circumstances,  it  was  the  least  exception- 
able. This,  however,  is  a  matter  submitted  to  the 
sovereign  people  on  which  to  deliberate  and  de- 
termine. I  have  just  at  this  moment  (when 
about  to  bring  this  communication  to  a  close)  re- 
ceived from  a  friend  in  San  Felipe  information 
that  our  Mexican  brethren  of  Bexar  were  about 
to  take  the  lead  in  forming  a  plan  to  effect  the 
desired  object,  and  that  an  express  from  them 
was  hourly  expected.  This  is  as  it  should  be,  and 
bids  fair  to  promote  concert.  Let  the  North 
American  citizens  of  Texas  then  throw  aside  all 
their  local  prejudices  and  private  animosities, 
and  freely  and  honestly  enter  into  concert  to  pro- 
mote the  object  so  desirable,  and  on  which  de- 
pends the  destinies  of  their  adopted  country.  If, 
however,  fellow  citizens,  after  receiving  this  fair 
warning,  you  should  still  remain  inactive  and  un- 
energetic,  and  not  be  sufficiently  alive  to  protect 
your  own  vital  interests,  and  suffer  this  fair  por- 
tion of  the  State  to  be  swept  into  the  vortex  of 
anarchy  and  ruin,  I  shall  still  have  left  one  pleas- 


44  LIFE  OF  HENRY  SMITH, 

ing  and  heartfelt  consolation  that  if  I  have  not 
ably,  that  I  have  at  least  honestly  and  faithfully 
discharged  my  duty.  HENRY  SMITH. 

In  closing  a  letter  dated  Matagorda,  Oct.  28, 
1834,  Mr.  Ingram  writes,  "I  have  given  as  many 
as  possible  an  opportunity  to  read  your  "  paper " 
and  find  it  so  far  approved  by  all.  Have  you 
sent  any  to  the  west  of  the  Colorado,  among  the 
American  settlers  on  the  Navidad  and  Lavaca. 
These  people  ought  not  to  be  neglected.  They 
are  highly  respectable,  both  as  to  numbers  and 
intelligence.  I  have  reserved  three  or  four  for 
them,  and  will  embrace  the  first  opportunity  to 
send  them  forward, 

Yours,  respectfully,          INGRAM." 

The  following  is  from  Travis: 

SAN  FELIPE,  Oct.  25,  1334. 
To  Citizen  Henry  Smith,  Political  Chief. 

DEAR  SIR  : — Yours,  accompanied  by  the  pack- 
age, came  safely  to  hand,  and  I  have  distributed 
the  latter  throughout  Texas,  except  a  few  which 
I  will  send  by  the  mail  on  Tuesday  next.  Your 
views,  set  forth  in  the  address,  meet  my  appro- 
bation and  co-operation,  but  they  are  opposed 
here  by  some  influential  men.  I  hope  the  people 
will  take  up  the  subject  and  express  their  spon- 
taneous opinion. 


LIFE  OF  HENRY  SMITH.  45 

There  will  be  a  great  many  people  here  next 
week,  at  court,  more  than  have  assembled  here  in 
twelve  months.  I  would  advise  you  to  be  here. 
"  The  Plan  of  Bexar"  I  have  seen  by  breaking 
open  the  package  addressed  to  you,  which  I  now 
send.  This  plan  will  take  with  the  people.  I 
hope  you  will  co-operate  with  the  people  of  Bexar. 
Let  us  meet  their  advances.  It  is  all  important 
to  our  success,  and  in  future  to  have  them  with 
us.  Now  is  the  time  to  secure  their  influence  in 
our  favor. 

They  have  united  both  parties  at  Bexar  (Mex- 
icans) and  have  completely  committed  them- 
selves to  the  "Plan."  They  will  now  stand  by  us 
for  they  have  thrown  themselves  into  our  arms 
and  upon  our  protection.  They  lean  upon  us  for 
support.  Let  us  improve  the  golden  opportunity 
and  send  commissioners  to  meet  them,  even  if 
we  instruct  them  to  differ  with  those  at  Bexar. 
Decency,  etiquette  and  official  dignity  require 
something  from  us  in  answer  to  them.  Let  us 
drop  the  central  committee  and  not  depend  upon 
it.  To  succeed,  we  must  act  through  the  legal 
authorities.  Although  I  am  a  member  of  that 
committee,  I  think  it  has  never  done  any  good. 
Bexar  expects  an  answer,  and  I  hope  y^u  will 
send  up  your  answer  in  time  to  go  by  the  next 


46  LIFE  OF  HENRY  SMITH. 

mail,  which  I  will  detain  for  that  purpose. 
I  again  urge  you  to  come  up  here.  You  can 
do  more  here  at  your  legal  post  than  there.  Your 
presence  will  put  down  opposition  in  a  great 
measure.  If  you  do  not  come,  let  me  suggest 

that  you  write  to and  Dr.  James  B.  Miller 

and  consult  them.  When  men  think  they  have 
a  right  to  be  consulted  it  disgusts  them  to  be  neg- 
lected. Excuse  the  liberty  I  take,  as  it  is  done  in 
the  purest  spirit  of  friendship. 

Yours  ever,        WM.  BARRETT  TRAVIS. 

As  Political  Chief,  "Citize  .1"  Henry  Smith  ad- 
dressed the  following  communication  to  Don 
Juan  N.  Seguin,  Political  Chief  of  the  Depart- 
ment of  Bexar: 

BRAZORIA,  4th  of  Nov.,  1834 
Most  Excellent  Sir: — 

Having  received  from  your  excellency  a  copy 
of  the  resolution  of  the  worthy  inhabitants  of  the 
department  over  which  you  preside,  setting  forth 
in  its  true  light  the  entire  anarchy  which  pre- 
vails throughout  the  State  of  which  we  form  a 
part,  with  the  proposed  Plan  of  forming,  on  a  day 
set,  a  provisional  congress  in  your  city,  for  the 
laudable  purpose  of  devising  ways  and  means  to 
prevent  the  further  encroachment  of  those  much 
to  be  dreaded  evils;  feeling  as  I  then  did,  and 


LIFE  OF  HENRY  SMITH.  47 

still  do,  the  necessity  and  propriety  of  the  meas- 
ure proposed,  I  gladly  embrace  the  opportunity 
to  accept  of  your  offer  and  immediately  inform 
your  excellency  that  I  would  co  operate  with  you 
on  the  plan  proposed,  and  at  the  same  time  in- 
form you  of  the  lack  of  time,  with  a  request  that 
you  would  adjourn  the  congress  from  day  to  day 
until  it  is  filled  out. 

I  am  extremely  sorry  to  inform  your  excel- 
lency that  owing  to  the  scattered  situation  of  the 
ayuntamientos  of  my  department,  and  the  great 
disorganization  which  prevails  among  them,  not- 
withstanding I  have  ordered  them  to  elect  and 
send  their  representative  as  proposed,  in  all 
probability  but  few  if  any  will  be  able  to  comply. 
The  shortness  of  time,  not  having  received  your 
communication  until  the  28th  of  October,  ren- 
dered it  out  of  my  power  to  satisfy  the  people  of 
the  necessity  and  propriety  of  adopting  the  meas- 
ure. I  had,  previous  to  the  reception  of  your  ex- 
cellency's proposition,  made  a  similar  call  upon 
the  people  for  organization.  That  call  met  with 
much  opposition,  principally  through  a  violent 
party  spirit,  which  has,  unfortunately,  been  of 
long  standing;  and  the  party  are  now  invigorat- 
ing themselves  by  working  on  the  sympathies  of 
the  people,  owing  to  the  confinement  of  Col.  Aus- 


48  LIFE  OF  HENRY  SMITH. 

tin  at  the  City  of  Mexico — telling  them  that  it  is 
on  their  account  that  he  has  been  doomed  to  suf- 
fer so  much,  and  that  any  move  on  their  part 
would  only  tend  to  augment  his  suffering ;   and 
"to  remain  quiet  and  everything  will  soon  be 
right" — or,  in  fact,  that  nothing  is  now  wrong. 
This  party  is  ever  vigilant  and,  as  it  were,  on  the 
wing,  endeavoring  to  counteract  every  popular 
move  in  the  people  except  it  should  be  recom- 
mended by  themselves.     I  am  sorry  to  say  that  I 
am  induced  to  believe  that  this  party  (that  is,  the 
prime  movers  of  it,)  dread  organization  for  fear 
of  investigation,  which  they  apprehend  as  the 
greatest  evil  which  could  possibly  befall  them. 
This  opposition,  however,  has  not  discouraged 
me  from  persevering  in  the  discharge  of  my  duty, 
and  I  confidently  hope  and  believe  that  as  soon 
as  the  people  can  be  properly  informed  on  this  all 
important  subject,  they  will  see  the  necessity  and 
propriety  of  the  plan  proposed,  and  comply  with 
what  I  know  to  be  their  duty.      In  the  mean 
time  I  must  beg  of  your  excellency  and  the  good 
people  in  your  department  to  consider  the  widely 
scattered  population  of  this  department,  and  the 
very  great  inconvenience  of  disseminating  infor- 
mation among  them,  and  still  to  remain  firm  to 
your  purpose  of  bringing  about  the  co-operation 


LIFE  OF  HENRY  SMITH.  49 

of  all  Texas.      I  am  confident  in  my  own  mind 
that  the  people  of  this  department  will  act  when 
they  become  informed,  and  when  they  do,  they 
will  act  in  a  proper  and  constitutional  manner. 
Presuming  that  you  have  also  communicated 
with  the  Political  Chief  of  Nacogdoches  on  the 
same  subject,  and  that  his  department  may  not 
be  so  much  disorganized  as  my  own,  nor  so  much 
contaminated  by  the  workings  of  party  spirit,  and 
hence  he  may  be  able  to  co-operate  with  you  on 
the  plan  proposed.    If  so,  this  department,  seeing 
the  propriety  and  necessity  of  the  measure,  would 
no  doubt  coincide  with  what  the  other  depart- 
ments of  Texas  might  think  proper  to  do ,  and  in 
the  mean  time  I  will,  in  spite  of  all  party  opposi- 
tion, endeavor  to  convince  my  fellow  citizens  of 
the  absolute  necessity  of  their  proper  action  on 
the  subject.     I  would  be  glad,  from  time  to  time, 
to  communicate  with  your  excellency  on  that  and 
other  subjects  calculated  to  promote  the  interest 
of  our  common  country.     I  will,  on  the  constitu- 
tional plan,  have  all  the  municipal  offices  of  my 
department  filled  out,  with  a  con  fident  hope  that  be- 
fore Texas  will  be  brought  to  feel  the  entire  want 
of  govemment,  her  different  departments  will  be 
brought  to  act  in  unison,  and  co-operate  to  rein- 
state and  restore,  in  a  proper  manner,  a  healthy 


50  LIFE  OF  HENRY  SMITH. 

and  legitimate  government  from  the  scattered 
fragments  of  her  violated  constitution.  Confi- 
dently hoping  and  believing  that  this  will  be  the 
case,  I  have  the  honor  to  tender  to  your  excel- 
lency, and  through  you  to  the  worthy  citizens  of 
your  department,  my  highest  respect  and  consid- 
eration. God,  Mexico  and  Federation. 

HENRY  SMITH, 
Political  Chief  Dep't  of  the  Brazos. 

On  the  8th  of  November  an  election  was  held 
to  elect  two  delegates  to  represent  the  jurisdiction 
of  Brazoria  in  the  proposed  convention  at  Bexar, 
at  which  Henry  Smith  received  every  vote  cast, 
with  Dr.  Branch  T.  Archer  as  his  colleague.  The 
convention,  however,  never  assembled. 

Here  follows  another  letter  from  the  pure 
and  gifted  Travis  • 

SAN  FELIPE  DE  AUSTIN,  Nov.  1,  1834. 
Citizen  Henry  Smith,  Political  Chief,  etc. 

MY  DEAR  SIR: — Your  several  letters  have 
reached  me  and  I  regret  that  I  have  not  had  time 
to  answer  them  before,  as  our  court  has  been  in 
session  for  a  week  past  and  business  has  over- 
whelmed me. 

I  snatch  a  moment  to  say  that  I  circulated 
the  "officials"  as  you  desired,  but  public  opinion 
runs  so  high  against  any  change  that  I  doubt 


LIFE  OF  HENRY  SMITH.  51 

whether  anything  can  be  done  towards  an  organ- 
ization of  Texas  at  this  time. 

The  central  committee  have  met  and  you 
have,  doubtless,  by  this  time,  seen  their  proclama- 
tion or  report.  The  majority  were  against  me 
and  1  knew  it  was  useless  to  oppose  them.  In- 
deed, unless  the  people  were  more  favorable  to 
the  plan  than  they  are  here,  I  should  say  let  us 
remain  quiet.  For  unless  we  are  all  united  Texas 
can  never  sustain  herself  alone. 

I  have  always  been  in  favor  of  a  State  gov- 
ernment and  always  shall  be,  provided  we  can  be 
united  and  get  it  on  peaceable  terms. 

I  had  thought  that  this  would  be  a  favorable 
opportunity  to  accomplish  it;  but  there  is  such  an 
overwhelming  majbrity  opposed  to  it,  that  it 
would  be  idle  to  attempt  it.  The  farmers,  the 
bone  and  sinew  of  the  country,  are  unanimous 
against  it.  They  are  all  doing  well,  and  as  long 
as  people  are  prosperous  they  do  not  desire  a 
change.  Moreover,  it  is  thought  that  any  move- 
ment in  Texas  at  this  time  would  prejudice  the 
situation  of  Col  Austin,  whose  popularity  was 
never  so  high  as  it  is  now.  His  sufferings  have 
excited  the  sympathy  of  the  people  in  his  favor, 
and  it  is  right  that  they  should,  for  he  has  suf- 


52  LIFE  OF  HENRY  SMITH. 

fered  in  their  service  by  faithfully  representing 
their  views  and  wishes. 

I  have  not  time  to  say  more  at  present.  I  en- 
close you  the  copy  of  a  handbill  sent  to  you  by 
the  Secretary  of  State,  which  was  issued  on  the 
election  of  Viesca  to  the  general  congress.  It  is 
in  Spanish  and  English,  on  silk  and  paper — quite 
a  compliment. 

Your  presence  is  very  necessary  here.  There 
is  no  news  worth  communicating. 

W.  BARRETT  TRAVIS. 

P.  S. — I  send  you  several  communications  by 
Mr.  Russell,  and  I  regret  to  say  that  it  will  be 
next  to  impossible  to  convene  the  Ayuntamiento 
at  this  time,  as  two  of  the  members  are  in  the 
upper  colony,  one  hundred  and  fifty  miles  from 
here. 

I  still  am  more  decided  in  opinion  that  noth- 
ing can  be  done  for  Texas.  It  is  not  a  faction 
that  are  opposed  to  organizing.  In  this  jurisdic- 
tion it  is  the  people,  and  that  almost  unani- 
mously. 

I  am,  however,  for  Texas,  right  or  wrong, 
and  never  will  oppose  anything  for  her  benefit. 
But  unless  we  can  be  united,  I  again  repeat,  it 
would  only  be  to  make  confusion  doubly  con- 


LIFE  OF  HENRY  SMITH.  53 

founded  to  attempt  to  do  anything  towards  a 
change 

I  am  sorry  that  public  opinion  is  so  much 
against  my  own,  but  when  I  know  and  feel 
that  it  is,  I  can  but  submit.  "0"  and  myself 
will  forward  your  communication  to  Bexar. 

Yours  sincerely,  TRAVIS.' 

The  following  from  Dr.  James  H.  C.  Miller, 
the  gallant  commander,  in  the  Indian  fight  on  the 
San  Marcos,  a  few  months  later,  explains  itself : 

GONZALES,  Nov.  4,  1834. 

Citizen  Henry  Smith,  Political  Chief. 

EXCELLENT  SIR:— Your  favor  of  October  2()th 
came  to  hand,  disclosing  your  views  of  the  most 
expedient  course  for  Texas  to  pursue  in  the  preg- 
ent  crisis  of  her  affairs. 

I  am  much  gratified  in  learning  your  senti- 
ments on  this  subject,  inasmuch  as  they  are  the 
views  which  I  have  entertained  for  some  time; 
indeed,  since  the  period  of  the  revolution  (in 
Mexico). 

Eighteen  days  ago  Judge  Chambers  arrived  at 
this  place  from  the  interior.  He  here  communi- 
cated his  views,  both  private  and  officially,  with 
the  interesting  intelligence  that  our  Mexican 
brethren  at  Bexar  were  inviting  us  to  co-operate 
with  them  in  planning  some  form  of  exclusively 


54  LIFE  OF  HENRY  SMITH. 

Texian  government  Indeed  he  bore  the  comma 
nication  of  his  excellency,  the  Chief  of  Bexar, 
(which  you  have  no  doubt  by  this  time  received,) 
calling  on  the  other  Chiefs  to  join  in  effecting 
the  organization  of  a  "Provisional  Congress"  at 
Bexar. 

In  conversation  with  the  Judge,  I  suggested 
whether  it  might  not  be  more  expedient  to  or- 
ganize under  the  old  constitution  of  the  State, 
assuming  the  principle  that  we  have  been  aban- 
doned by  Coahuila,  and  thence,  as  occasion 
should  require,  proceed  to  modify  the  instrument 
the  better  to  suit  the  peculiar  state  of  Texas,  as 
of  necessity,  thus  laying  the  grave  charge  of  con- 
duct inconsistent  therewith  upon  her,  rather  than 
by  declaring  a  positive  separation  and  adopting  a 
new  constitution,  to  become  obnoxious  to  the 
same  charge  ourselves. 

This  course  did  then  seem  to  me  most  politic 
and  at  the  same  time  most  just  to  ourselves. 
Further  reflection  had  rendered  this  opinion  a 
settled  question,  and  now,  excellent  sir,  allow  me 
to  say  that  by  your  able  " exposition"  you  have 
made  me  only  more  decided  in  the  conviction 
that  some  things  in  the  consideration  of  this  mat- 
ter will  present  themselves :  1st.— That  Texas  is 
yet  in  a  situation  which  renders  future  negotia- 


LIFE  OF  HENRY  SMITH.  55 

tions  on  finally  settling  this  question  of  "rights" 
a  thing  to  be  preferred  by  us  to  a  war.  2d. — That, 
reduced  to  the  necessity  of  having  some  govern- 
ment at  this  crisis,  the  mode  you  submit  will 
have  the  merit  of  being  less  violent  in  its 
change  and  therefore  have  the  acquiesence  at  the 
least  of  the  Mexican  population  of  the  country. 
3d. — That  it  will  be  to  us  everything  that  a  State 
government  would  be,  Without  its  evils  or  cost. 

Impressed,  excellent  sir,  with  the  weight  of 
these  truths,  to  me  self  evident,  I  have  to  assure 
your  excellency  that  you  will  be  seconded  by  me 
in  whatever  I  may  do  in  consummating  the  plan 
suggested  by  you,  and  carrying  it  into  due 
effect. 

At  the  same  time,  desirous  of  promoting  the 
best  interests  of  my  adopted  country,  and  fore- 
seeing alarming  evils  in  bitterness  and  disunion 
among  us,  though  such  are  my  views  arid  rule  of 
action,  yet,  if  Texas  shall,  by  a  majority  of  the 
representatives  of  her  people,  decide  on  going  into 
a  State  government,  even  by  a  mode  less  proper, 
yet,  I  say  I  shall  act  with  them,  for  some  govern- 
ment, even  though  it  adopt  that  plan,  is  indis- 
pensable. 

Permit  me,  sir,  to  make  my  excuse  for  my 
communication,  in  the  necessity  for  a  cordial  co- 


56  LIFE  OF  HENRY  SMITH. 

operation  among  the    friends  of  the    country, 
though  personally  unknown  to  each  other. 
With  sentiments  of  high  consideration, 
I  am,  excellent  sir,  yours  respectfully, 
JAMES  H.  G.  MILLER. 

The  following  from  his  friend,  Travis,  shows 
the  status  of  the  central  committee  and  the  peo- 
ple in  and  around  San  Felipe : 

SAN  FELIPE  DE  AUSTIN,  Nov.  13,  1834. 
My  Dear  Sir: — 

Yours  of  the  7th  is  before  me,  and  I  am  sorry 
to  say  I  was  absent  at  Fort  Settlement  when  it 
arrived,  so  that  the  mail  departed  before  I  re- 
turned, and  your  dispatches  for  Bexar  have  not 
yet  gone.  I  will  send  them  by  the  very  first  con- 
veyance. 

I  am  extremely  sorry  the  people  could  not 
harmonize  on  the  State  question,  but  so  it  is ; 
there  is  such  a  majority  against  it  that  nothing 
can  be  done,  as  I  told  you  in  my  last. 

Accounts  from  Nacogdoches  and  Liberty 
state  that  the  majority  there  is  even  greater  than 
here  against  the  measure.  Eeports  from  Mata- 
gorda  are  equally  discouraging. 

I  am  told  that  the  elections  have  been  held 
generally  in  the  Department  of  Bexar. 

You  complain  of  the  report  of  the  central 


LIFE  OF  HENRY  SMITH.  57 

committee.  I  agree  that  there  are  many  illiberal 
remarks  in  it  and  that  injustice  is  therein  done 
to  you.  But  it  could  not  be  helped.  My  voice  in 
the  committee  was  only  one  against  six.  It  was 
therefore  useless  to  oppose  the  views  of  the  com- 
mittee, especially  when  tne  same  view  of  the  sub- 
ject was  taken  by  the  great  mass  of  the  people, 
whose  will  must  be  obeyed  by  all.  I  found  my- 
self almost  alone.  All  my  friends  were  opposed 
to  my  views.  I  could  do  dothing  but  yield  to  the 
voice  of  the  majority,  no  matter  what  my  indi- 
vidual opinion  was,  and  that  opinion  you  have 
long  since  had,  for  I  have  never  had  but  one  on 
the  subject  of  a  State,  which  I  hope  will  in  time 
prevail.  But  we  must  wait  patiently  for  the 
moving  of  the  waters.  The  course  of  events  will 
inevitably  tend  to  the  right  point,  and  the  people 
will  understand  their  rights;  yea,  and  assert 
them  too. 

Your  presence  is  absolutely  necessary  here. 
The  nominations  for  Judges  of  the  Municipalities 
have  been  sent  up  to  this  office  and  the  commis- 
sions ought  to  be  made  out  forthwith,  or  the  peo- 
ple will  be  without  judges  next  year.  Many 
other  matters  demand  your  official  attention 
here. 

No  matter  what  others  may  say,  I  have  ever 


58  LIFE  OF  HENRY  SMITH. 

believed  in  your  honesty  and  integrity  of  purpose, 
and  that  you  will  fearlessly  and  faithfully  dis- 
charge your  duty. 

I  hope  soon  to  see  you  at  your  post  where 
duty  calls  you,  zealously  laboring  in  the  cause  of 
public  good,  and  thereby  defeating  the  machina- 
tions of  your  enemies.* 

Your  friend,        WM.  BARRETT  TRAVIS. 

From  the  jurisdiction  of  Matagorda  came  the 
following : 

OLD  CANEY,  Nov.  14,  1834. 
Citizen  Henry  Smith. 

DEAR  SIR: — Your  letter,  by  Dr.  Ervine,  to- 
gether with  communications  to  the  Ayunta- 
miento  of  Matagorda,  came  to  hand,  and  the 

doctor  was  good  enough  to  take  them  to 's 

house,  who  disapproved  of  the  measure  proposed, 
but  said  he  would  obey  the  order.  But  from  what 
I  learn  he  only  advertised  the  election  at  Smith's 
shop,  a  rather  secluded  part  of  Bay  Prairie.  I 
have  enquired  and  can  hear  of  no  other  place. 
There  was  nothing  of  it  known  in  Matagorda.  I 
visited  that  place  and  believe  the  majority  there 
and  in  Bay  Prairie  would  have  gone  into  an 
election,  but  it  has  been  defeated  by  this  neglect. 


*  Referring  to  those  opposed  to  any  official  action  to  prepare  safeguards  for  the 
future. 


LIFE  OF  HENEY  SMITH.  59 

I  advised  the  people  to  attend  to  it.  But  now  I 
think  the  best  we  can  do  is  to  remain  quiet  and 
see  to  what  extent  the  disorder  will  run.  In  the 
mean  time  keep  ourselves  as  quiet  spectators,  and 
time  will  show  the  propriety  of  present  meas- 
ures. Very  respectfully,  R  E.  ROYAL." 

It  seemed  impossible  that  men,  perhaps  equal- 
ly loyal  to  their  adopted  country,  yet  differing  so 
widely  in  their  views  of  what  was  most  for  her 
interest,  could  lay  aside  the  prejudices  and  bitter- 
ness that  had  been  engendered.  The  attitude  of 
parties  towards  each  other  had  become  almost  as 
hostile  as  that  of  their  common  enemy.  But  the 
constant  encroachments  of  the  latter,  with  the 
sudden  conviction  of  a  common  danger  crowding 
upon  them,  at  last  effected  that  which  entreaty 
had  failed  to  accomplish.  Their  hesitating  steps 
towards  a  convention  were  thus  quickened  and 
opposition  at  last  thrown  to  the  winds. 

TRAVIS  CAPTURES  A  GARRISON. 

The  following  letter  from  Travis  to  Citizen 
Henry  Smith,  just  after  he  ceased  to  be  Political 
Chief,  will  be  found  of  interest : 

SAN  FELIPE,  July  6,  1835. 
MY  DEAR  SIR: — I  hasten  to  write  you  a  line 
by  Mr.  M.  W.  Smith,  who  is  on  hand  to  start  for 
Columbia. 


60  LIFE  OF  HENRY  SMITH. 

I  have  only  time  to  say  that  I  returned  last  eve- 
ning from  a  successful  expedition  to  Anahuac. 
On  the  21st  ultimo  resolutions  were  adopted  here, 
recommending  that  in  connection  with  the  gen- 
eral defence  of  the  country  against  military 
sway,  the  troops  at  Anahuac  should  be  disarmed 
and  ordered  to  leave  Texas.  In  addition  to  that 
I  had  been  invited  to  go  to  Anahuac  for  the  above 
purpose,  by  several  of  my  friends  who  are  the 
principal  citizens  of  that  place,  and  who  were  suf- 
fering under  the  despotic  rule  of  the  military. 

Under  these  circumstancs,  I  set  out  for  Gal- 
veston  Bay,  raised  a  volunteer  company  of  twenty 
men  on  Buffalo  Bayou  and  San  Jacinto,  and  be- 
ing elected  captain  of  the  company,  I  proceeded 
to  Anahuac  in  the  sloop  Ohio,  with  a  six-pounder 
mounted  on  board.  We  landed  on  the  29th,  took 
possession  of  the  place  and  commenced  active 
offensive  operations.  On  the  mor  ..ing  of  the  30th 
the  troops,  about  forty  in  number,  capitulated, 
delivered  us  sixty-four  stands  of  arms  (muskets 
and  bayonets)  and  agreed  to  leave  Texas  imme- 
diately under  parole,  never  to  serve  against  the 
people  of  Texas.  I  sent  them,  bag  and  baggage, 
to  Harrisburg  on  board  the  sloop,  and  they  are 
now  on  the  march,  without  arms,  to  La  Bahia, 

This  act  has  been  done  with  the  most  pat- 


LIFE  OF  HENRY  SMITH.  61 

riotic  motives,  and  I  hope  you  and  my  fellow  cit- 
izens generally  will  approve  it,  or  excuse  it. 

t 

As  to  the  aspect  of  affairs  here  there  seems  to 
be  some  dissention.  An  unholy  band  of  specula- 
tors have  taken  a  very  active  part  and  have  at- 
tempted to  force  others  to  join  in  their  views.  It 
has  disgusted  many,  and  nothing  they  propose 
will  go  down.  Offensive  measures  seem  to  be 
abandoned  by  the  people,  but  I  believe  that  all  are 
determined  to  defend  the  country  within  our  own 
limits  to  the  last  extremity.  The  400  League 
Purchase  and  the  authors  of  it  will,  I  think,  sink 
into  insignificance.  Public  indignation  is  prop- 
erly kindled  against  them  and  wo  betide  them  if 
they  ever  attempt  to  rule  Texas  as  they  have 
done  and  to  persecute  those  who  are  not  willing 
to  follow  their  zigzag  course. 

Let  us  be  united  and  firm  and  all  is  safe. 
Let  party  strife  cease  for  the  moment.  Common 
safety  requires  it. 

Do  write  me  immediately.  The  above  is 
hasty  and  so  please  excuse, 

As  ever,  your  friend,  TRAVIS. 

This  letter  of  July  6th,  1835,  to  Governor 
Smith,  late  Political  Chief  of  the  Department  of 
the  Brazos,  recounts  graphically  the  intermediate 
step  between  the  initial  triumphs  at  Velasco, 


62  LIFE  OF  HENEY  SMITH. 

Anahuac  and  Nacogdoches  in  June  and  July, 

1832,  and  the  final  opening  of  actual  hostilities 
and  revolution  at  Gonzales  on  the  28th  of  Septem- 
ber, 1835.      It  will  be  remembered  that  Col.  Aus- 
tin, in  his  letter  from  Matamoros  of  30th  May, 

1833,  stated  that  George  Fisher  would  be  sent 
from  Mexico  to  Galveston  Bay  as  an  officer  of 
customs  with  a  sufficient  guard  of  Mexican  sol- 
diers to  protect  and  enforce  his  authority.    These 
soldiers,  overcome  by  Travis  and  allowed  to  leave 
the  country,  were  there  under  the  orders  referred 
to  by  Austin. 

In  closing  a  letter  of  August  4th,  Travis, 
after  exprebsing  his  great  anxiety  for  unity  of 
action,  adds,  "But  it  is  unnecessary  for  me  to 
stimulate  you  on  a  subject  which  I  know  you 
have  always  had  at  heart." 

We  quote  thus  freely  from  Travis,  because 
his  letters  carry  along  the  thread  of  events  as 
they  transpired,  hastening  the  movements  of  the 
people,  and  his  own  career,  to  a  speedy  ending. 

Before  introducing  other  matter,  let  it  be  un- 
derstood that,  as  foreshadowed  in  Austin's  Mata- 
moros letter,  Anahuac  was  garrisoned  by  a  com- 
pany of  Mexican  troops,  and  that  the  notorious 
scoundrel  known  as  " English  Thompson"  was 
on  the  coast  as  a  naval  officer  in  command  of  the 


LIFE  OF  HENRY  SMITH.  68 

Mexican  war  schooner  Correo.  He  was  both  a 
ruffian  and  a  tyrant,  and  had,  as  assumed  com- 
mander of  all  the  ports  on  the  Texas  coast,  made 
himself  odious  to  the  people.  He  was  the  moving 
spirit  in  so  directing  the  garrison  at  Anahuac  as 
to  demand  their  expulsion  from  the  country. 
After  their  departure  by  land,  as  stated  by 
Travis,  Thompson,  from  his  vessel  in  Galveston 
bay,  sent  forth  this 

PROCLAMATION  T&  THE  CITIZENS  OF  ANAHUAC,  ETC. 

Having  seen  by  advertisements  posted  in 
front  of  principal  stores  in  this  city,  signed  by 
Judges  Williams  and  Harding,  under  the  pre- 
tence of  having  received  orders  from  the  Gefe- 
politico  of  these  districts,  and  having  in  my  pos. 
session  a  copy  of  a  written  document  purporting 
to  be  signed  by  H.  S.  Eaguet,  dated  Nacogdoches, 
July  3d,  1835,  ordering  the  inhabitants  of  this 
place  and  vicinity  to  meet  and  elect  officers  for 
the  purpose  of  organizing  a  militia,  all  of  which 
are  contrary  to  the  laws  of  the  government :  Be 
it  therefore  known  that  I,  T.  M.  Thompson,  com- 
mander of  the  Mexican  United  States1  schooner 
of  war  Gorreo,  now  at  anchor  in  this  port,  do 
warn  all  good  citizens  from  attending  such  meet- 
ings, and  that  none  may  plead  ignorance  here- 
after, do  publish  and  declare,  in  the  name  of  the 


64  LIFE  OP  HENRY  SMITH. 

Mexican  nation,  all  such  meetings  to  be  illegal, 
dangerous,  unnecessary  and  contrary  to  the  con- 
stitution. The  General  Congress  have  passed  a 
law,  which  is  now  in  force,  ordering  every  State 
to  disband  their  militia,  and  I  here  find  that  in 
defiance  of  the  government,  you  are  organizing 
and  arming  yourselves,  and  have  forcibly  seized 
upon  the  arms  of  the  Mexican  nation.  And  for 
what?  They  tell  you  of  dangers  that  do  not  ex- 
ist— all  Mexico  is  at  peace  and  will  continue  to 
be  so,  if  your  own  rashness  does  not  lead  you 
astray.  Citizens  of  Anahuac,  beware!  Listen 
not  to  men  who  have  no  home,  who  have  no  fam- 
ily, who  have  nothing,  to  lose  in  case  of  civil  war, 
and  who,  by  merely  crossing  the  Sabine,  can  put 
themselves  out  of  the  power  of  the  Mexican  na- 
tion, leaving  yourselves,  wives  and  children  a 
prey  to  the  infuriated  soldier,  without  protection 
and  without  friends.  Citizens  of  Anahuac,  re- 
main at  home;  occupy  yourselves  in  your  daily 
avocations  for  the  maintenance  of  your  families, 
have  confidence  in  the  general  government  and 
all  will  be  well.  With  all  due  respect  and  con- 
fiding fully  in  your  good  judgment,  I  subscribe 
myself  your  esteemed  friend  and  fellow  citizen 
on  board.  God  and  liberty. 

THOMAS  M.  THOMPSON. 
July  26th,  1835. 


LIFE  OF  HENRY  SMITH.  (55 

The  following  affidavit  fully  explains  itself: 
VELASCO,  August  29th,  1835. 

The  undersigned,  citizens  of  the  department 
of  Nacogdoches,  in  Texas,  do  hereby  certify  that 
on  or  about  the  25th  of  July  they  sailed,  in  com- 
pany with  several  other  persons,  from  the  town 
of  Anahuac,  to  visit  several  places  on  Gal  veston 
Bay,  and  that  Captain  Thomas  M.  Thompson, 
commander  of  the  Mexican  schooner  of  war, 
Correo,  then  lying  at  anchor  in  this  bay,  weighed 
anchor  on  the  same  day,  and  invited  ourselves 
and  party  on  board  his  schooner,  as  we  sailed 
together  down  the  bay,  which  invitation  was  ac- 
cepted, and  while  on  board  said  schooner  the 
owner  of  the  sloop  in  which  we  sailed  requested 
Capt.  Thompson  to  give  him  a  permit  for  his 
sloop  to  proceed  in  a  few  days  to  Velasco,  with  the 
subscribers,  which  permit  the  Capt.  Thompson 
promised  to  give  at  Galveston  Island.  On  our 
arrival  at  said  island  a  few  days  after,  however, 
the  captain  sent  his  boat  out  to  us,  but  sent  no 
permit,  and  proceeded  the  next  day  to  sea,  stating 
that  he  was  bound  for  Matamoros.  In  the  course 
of  conversation  on  board  the  schooner,  the  cap- 
tain said  to  us  that  he  was  authorized  to  cruise 
from  Matamoros,  along  the  coast,  to  the  Sabine 
river,  and  that  he  was  commandant  of  the  ports 
included  in  those  limits. 


66  LIFE  OF  HENRY  SMITH. 

And  the  subscribers  further  certify  that  on 
or  about  the  10th  instant  they  had  engaged  the 
sloop  before  mentioned,  to  sail  from  Anahuac  to 
Velasco,  and  had  put  their  property  and  provis- 
ions on  board,  but  were  prevented  from  sailing 
by  head  winds;  that,  during  this  delay,  Capt 
Thompson  returned  to  Anahuac,  and  embargoed 
the  sloop  in  which  the  subscribers  had  intended 
to  sail,  although  there  was  at  the  same  time  a 
schooner  about  the  same  size  and  more  seaworthy 
lying  idle  in  the  port ;  that  the  said  Thompson 
being  called  on  for  an  explanation,  said  that  he 
had  fallen  in  with  Capt.  Pettit  of  the  schooner 
Bravo,  who  had  given  him  dispatches  from  Gen- 
eral Cos,  directing  him  to  return  to  the  bay  of 
Galveston  and  await  the  arrival  of  troops  at  that 
place,  and  that  having  important  despatches  and 
officers  on  board  his  vessel  for  Matamoros,  he 
was  under  the  necessity  of  having  a  vessel  for 
that  purpose,  and  that  no  other  than  the  one  he 
had  taken  would  answer;  that  the  property  of 
the  subscribers  was  ordered  to  be  put  ashore 
and  the  vessel  taken  alongside  tho  Correo  and  re- 
fitted. 

And  the  two  subscribers,  A.  C,  Allen  and  A. 
J.  Yates,  further  state  that  they  were  subse- 
quently informed  by  an  officer  on  board  the  Cor- 


LIFE  OF  HENRY  SMITH.  6f 

reo,  that  the  said  Thompson  did  not  take  said 
sloop  for  the  purpose  of  sending  her  to  Mata- 
moros,  but  merely  to  cruise  on  Galveston  Bay; 
and  further  said  that  Capt.  Pettit  had  given  Capt. 
Thompson  no  new  despatches,  and  it  is  in  the 
knowledge  of  all  the  subscribers,  from  the  owner 
of  the  sloop,  or  his  agent,  that  said  owner,  fear- 
ful of  losing  his  vessel  entirely,  proposed  to 
Thompson  that  he  should  purchase  her,  and 
Thompson  offered  one  hundred  dollars  therefor, 
which  amount  said  owner  was  compelled  to  ac- 
cept, though  the  same  was  not  considered  more 
than  half  her  value.  And  said  Thompson  fur- 
ther stated  to  the  subscribers  that  he  had  de- 
clared the  port  of  Brazos  in  a  state  of  blockade, 
and  should  take  all  vessels  entering  there  as 
prizes ;  that  he  had  notified  Capt.  Pettit  to  that 
effect,  and  should  take  him  if  he  fell  in  with  him. 
That  the  steamboat  Cayuga  was  also  a  prize,  and 
he  intended  to  take  her  as  such  at  the  first  oppor- 
tunity. That  he  had  landed  three  hundred 
troops  at  Copano  and  that  a  full  and  sufficient 
force  under  General  Cos  would  be  immediately 
introduced  into  Texas  to  retain  it  in  submission. 
And  I.  N.  Moreland,  one  of  the  subscribers 
hereto,  further  said  that  he  heard  the  said 
Thompson  offer  one  thousand  dollars  reward  for 


68  LIFE  OF  HENRY  SMITH. 

the  apprehension  and  delivery  of  Capt.  Travis  to 
him,  and  adding  thereto  that  he,  Thompson, 
would  swing  said  Travis  at  his  yard  arm  in  less 
than  half  an  hour  after  his  delivery ;  and  A.  C. 
Allen  further  states  that  he  applied  to  said 
Thompson  for  a  permit  for  the  small  schoner  ly- 
ing in  said  bay,  to  proceed  to  Velasco  with  the 
subscribers,  and  return  with  five  barrels  of  flour 
and  eighteen  bags  of  coffee,  of  which  articles  the 
families  and  stores  in  Anahuac  were  nearly  des- 
titute at  the  time,  and  said  Thompson  refused 
said  permit. 

And  said  Moreland  further  says  that  he  heard 
said  Thompson  say  that  all  vessels  and  persons 
thereof,  found  sailing  in  the  waters  or  on  its 
coast  without  a  permit  from  him,  or  in  his  ab- 
sence from  the  Captain  of  the  Port,  when  found, 
were  liable  to  be  seized  and  pressed  into  theMex 
ican  service. 

A.  J.  YATES. 

I.  N.  MORELAND. 

A  C.  ALLEN. 

Sworn  and  subscribed  before  me,   August 

29th,  1835. 

J.  BROWN,  Commissario 

The  country  around  San  Felipe  was  divided 
in  opinion  as  to  the  course  of  Travis  in  disarming 


LIFE  OF  HENRY  SMITH.  69 

and  sending  out  of  the  country  the  soldiers  at 
Anahuac.  He  felt  the  shafts  of  calumny,  as  the 
following  letter  to  his  friend  will  show : 

SAN  FELIPE,  August  5th,  1835. 
My  Dear  Sir: — 

I  have  this  moment  received  your  letter  of 
the  3d  inst.,  and  I  thank  you  for  its  contents.  It 
breathes  the  advice  of  a  true  friend  and  corres- 
ponds with  what  has  been  my  opinion  all  the 
time.  I  very  reluctantly  consented  to  publish 
that  document  at  the  earnest  request  of  numer- 
ous friends,  particularly  Nibbs  and  "Wharton,  etc. 
I  wrote  it  over  once  or  twice,  and  still  it  did  not 
please  me.  Mr.  Wharton  proposed  to  alter  it,  and 
I  have  given  him  directions  to  do  so ;  but  if  the 
card  had  not  gone  out  I  should  certainly  be  silent, 
for  I  know  my  motives  were  pure.  I  know  I 
acted  by  the  consent  and  approbation  of  the  po- 
litical authorities.  I  know  that  the  people  here 
all  favored  the  measure,  and  I  went  into  it  be- 
lieving it  to  be  right  and  that  it  would  meet  the 
approbation  of  all—  and,  as  you  say,  time  can  only 
determine  whether  it  was  a  good  or  bad  meas- 
ure. 

I  was  only  an  individual  actor  in  the  busi- 
ness.    I  joined  the  volunteer  company  which  had 
'collected  for  the  purpose  of  taking  Anahuac  and 


70  LIFE  OF  HENRY  SMITH. 

was  elected  its  commander  without  my  knowl- 
edge or  solicitation.  I  see  no  reason  why  I 
should  be  singled  out  as  the  responsible  person. 
Indeed,  most  men  in  this  part  of  the  country  are 
satisfied  with  my  course,  and  the  public  gen- 
erally will  be,  I  think,  when  they  reflect  on  the 
matter,  knowing  the  facts.  Conscious  that  1 
have  not  intentionally  erred,  I  bid  defiance  to 
any  who  may  be  disposed  to  persecute  me;  and 
feel  assured  that  I  have  numerous  friends  to  sus- 
tain me  in  it. 

Do  consult  with  J.  A.  Wharton  as  to  what  is 
best,  and  do  it  according  to  your  united  judg- 
ment. If  that  pledge  in  the  card  could  be  gotten 
over,  I  should  feel  satisfied  to  say  nothing ;  but 
as  I  do  not  see  how  that  can  be  done,  suppose  you 
publish  the  resolutions,  with  a  dozen  lines  of  ex- 
planatory remarks  in  my  name.  At  all  events 
let  what  is  published  be  short  and  not  in  the  tone 
of  an  apology,  as  I  feel  that  I  have  none  to 
offer. 

You  have  my  views  of  a  convention  in  my 
letter  of  the  3d  inst.,  sent  by  Wharton,  I  see  no 
reason  to  change  them.  It  may  do  to  wait  a  little, 
but  it  seems  to  me  important  that  the  whole  peo- 
ple should  be  consulted  as  to  the  course  to  be  pur- 


LIFE  OF  HENRY  SMITH.  71 

sued  by  Texas  in  the  event  of  a  central  govern- 
ment being  established. 

Mr.  Wharton  can  give  the  news  which  came 
by  last  mail.  Please  show  this  letter  to  him  and 
request  him  to  act  in  accordance  with  it  and  he 
will  receive  my  hearty  thanks. 

Your  friend,       W.  BARRETT  TRAVIS. 

We  have  not  been  able  to  procure  a  copy  of 
the  card  to  which  Travis  refers,  and  its  contents 
must  be  inferred  from  the  tenor  of  his  allusions 
to  it. 

A  GRAND1  STEP  TOWARDS  THE  REVOLUTION. 

At  an  adjourned  meeting  of  the  citizens  of 
Columbia,  held  at  the  town  of  Columbia,  on  Sat- 
urday, August  15,  1835,  among  other  resolutions 
were  the  following  : 

1.  "Resolved,  That  a  consultation  of  all  Tex- 
as through  her  representatives  is  indespensable." 

2.  "Resolved,   That  a  committee  composed 
of  fifteen  persons,  to  be  called  a  "  Committee  of 
Safety  and  Correspondence "  for  the  jurisdiction 
of  Columbia,  be  elected." 

3.  "Resolved,  That  we  invest  the  "Commit- 
tee of  Safety  and  Correspondence,"  as  our  agents, 
with  full  power  to  represent  the  jurisdiction  of 
Columbia,  to  use  the  most  efficient  means  to  call 
a  consultation,  and  to  use  all  means  in  their 


<T2  LIFE  OF  HENRY  SMITH. 

power  to  secure  peace  and  watch  over  our 
rights." 

In  compliance  fodth  the  second  resolution,  the 
following  gentlemen  were  elected  a  "  Committee 
of  Safety  and  correspondence:" 

Henry  Smith,  John  A.  Wharton,  Silas  Dins- 
more,  James  F.  Perry,  John  G  McNeel,  Eobert 
H.  Williams,  Wm,  H.  Jack,  F.  A.  Bingham,  John 
Hodge,  Wade  H.  Bynum,  Dr.  Branch  T.  Archer, 
Wm.  T.  Austin,  P.  Bertrand  and  Isaac  T.  Tins- 
ley.  WM.  H.  WHARTON,  Chairman. 
WM.  T.  AUSTIN,  Secretary. 

On  seeing  the  proceedings  of  this  meeting, 
the  ever  faithful  Travis  sent  the  following : 

SAN  FELIPE,  August  24,  1835. 
My  Dear  Sir:— 

I  received  yours  of  the  15th  yesterday,  and 
am  much  gratified  at  the  result  of  your  meeting 
at  Columbia.  I  hope  all  Texas  will  follow  the 
example.  This  neighborhood  is  unanimous  for  a 
grand  council  of  all  Texas— but  I  am  told  that 

is  violently  opposed  to  it,  and  has  sworn 

that  it  shall  not  be  held;  that  there  shall  be  a 
counter-meeting  and  counter-resolutions  at  Col- 
umbia. This  is  only  rumor,  however,  as  I  have 
not  seen  him  lately. 

I  shall  probably  send  you  some  articles  for 


LIFE  OF  HENRY  SMITH.  73 

publication  upon  the  affairs  of  Texas.  If  I  do,  I 
will  thank  you  to  have  them  transcribed  by  a 
confidential  hand  and  published  under  your 
inspection.  But  I  do  not  wish  the  printer,  or 
anybody  else,  except  Wharton,  to  know  the 
author.  I  admire  the  spirit  of  the  people  of  Ve- 
lasco.  Let  the  towns  be  once  garrisoned  and  we 
are  slaves.  Give  my  respects  to  Wharton,  and 
believe  me  as  ever  your  friend. 

To  Henry  Smith.  W-  R  TRAVIS> 

Advices  from  Mexico,  through  Dr.  James 
Hewetson,  of  Saltillo,  were  that  about  the  23d  of 
August,  orders  were  issued  to  speedily  establish 
large  garrisons  at  San  Felipe,  Nacogdoches.  Ten- 
oxtitlan,  Anahuac  and  Velasco,  and  it  became 
known  that  Gen.  Cos  had  already  reached  San 
Antonio  with  several  hundred  men — the  evident 
intention  being  to  expel  large  numbers  of  Amer- 
ican patriots  from  the  country  and  overawe  the 
remainder.  Travis,  in  this  crisis,  communicated 
these  startling  rumors  to  his  friend  Smith,  by 
letter  dated  September  15th,  the  day  on  which 
Col.  Austin  reached  the  mouth  of  the  Brazos,  from 
Mexico,  to  find  the  people  ripe  for  action,  rapidly 
organizing  and  everything  indicating  an  appeal 
to  arms, 


f  4  LIFE  OF  HENRY  SMITH. 

In  the  f uUness  of  his  heart,  Travis  wrote : 
"Principle  has  at  last  triumphed  over  preju- 
dice, cowardice  and  selfishness.  The  tories  are 
routed,  horse  and  foot.  The  unqualified  submis- 
sion men  are  ashamed  to  hold  up  their  heads. 
You  will  be  agreeably  surprised  to  hear  that  the 
whole  upper  country  has  come  out  almost  unan- 
imously for  a  convention.  Nacogdoches  and  the 
whole  East  have  come  out  for  it.  I  have  just 
heard  similar  accounts  from  Matagorda.  We  are 
to  have  a  great  meeting  here  on  the  12th  on  the 
subject,  when  I  think  it  will  be  carried  by  an 
overwhelming  majority.  All  will  become  united 
in  resistance  to  a  military  government.  Coa- 
huila  and  Texas  have  been  created  into  a  military 
government  and  Col.  Bradburn  is  now  at  Mon- 
clova  organizing  the  same.  The  news  is  given  by 
a  letter  from  Dr.  Hewitson,  of  Saltillo,  which  was 
received  here  yesterday. 

Your  friend,        WM.  BARRETT  TRAVIS. 

Tidings  of  this  kind  sent  a  thrill  of  joy 
through  the  heart  of  Henry  Smith,  who  saw  in 
them  the  glimmerings  of  the  early  independence 
of  Texas. 

On  the  18th  of  September  Travis  briefly 
wrote  his  friend : 

"Your  district  has  much  talent.    I  have  been 


LIFE  OF  HENRY  SMITH.  1 5 

lamenting  that  there  was  not  room  for  all.  lam 
extremely  anxious  for  you  to  be  in  that  conven- 
tion. I  want  to  see  that  body  composed  of  men 
talented,  firm  and  uncompromising. 

Your  friend,        TRAVIS." 

At  the  election  for  delegates  to  the  consulta- 
tion, or  convention,  to  assemble  at  San  Felipe  on 
the  16th  of  October,  Brazoria  elected  Henry 
Smith,  John  A,  Wharton,  Edwin  Waller  and  J. 
S.  D.  Byrom. 

The  following  notification  of  the  election  of 
Governor  Smith  manifests  the  light  in  which  he 
was  held  by  the  distinguished  orator  and  patriot 
by  whom  it  was  written: 

BRAZORIA,  October  9,  1835. 
Citizen  Henry  Smith: — 

MY  DEAR  SIR:— It  affords  me  great  pleasure 
to  announce  to  you  that  your  fellow  citizens  of 
the  Jurisdiction  of  Columbia  have  elected  you  to 
represent  them  in  the  consultation  of  the  16th  of 
October. 

The  high  opinion  I  entertain  of  your  integ- 
rity and  ability  satisfies  me  that  you  will  prove 
yourself  every  way  worthy  of  the  great  confi- 
dcence  reposed  in  you. 

To  the  high  mark  of  distinction  which  your 
fellow  citizens  have  paid  you,  I  am  prompted  to 


76  LIFE  OF  HENRY  SMITH. 

add  my  individual  considerations,  and  at  the  same 
time  to  assure  you  that  no  result  could  afford  me 
more  pleasure.  Your  obedient  servant, 

WM.  H.  WHARTON, 
Chairman  of  Committee  of  Safety. 

The  consultation  met  at  San  Felipe  on  the 
16th  of  October,  calling  E.  R.  Eoyal,  of  Mata- 
gorda,  to  the  chair,  and  Samuel  Whiting  acting 
as  Secretary.  On  calling  the  roll  it  was  found 
that  there  was  not  a  quorum  present,  quite  a 
number  of  the  members  elect  having  gone  with 
the  volunteers  assembling  at  Gonzales.  It  was 
therefore  resolved  to  adjourn  to  November  1st, 
uso  as  to  afford  an  opportunity  for  those  who 
may  desire  it,  to  join  the  army  in  the  defence  of 
their  country." 

The  consultation  met  again  on  the  1st  of 
November,  1835,  but  a  quorum  did  not  appear 
till  the  third,  when  Dr.  Branch  T.  Archer  was 
elected  President,  and  P.  B.  Dexter,  Secretary. 

E.  E.  Eoyal;  as  chairman  of  a  committee,  or 
quasi  council,  of  one  from  several  different  muni- 
cipalities that  had  been  located  in  San  Felipe 
since  July,  reported  their  action  and  surrendered 
to  the  convention  all  their  papers  and  correspond- 
ence. 

Thus  was  inaugurated  the  first  organization, 


LIFE  OF  HENRY  SMITH.  77 

springing  directly  from  the  sovereignty  of  the 
people,  designed  to  oppose  by  arms  the  destruc- 
tion of  their  liberties  by  the  military  despots  and 
usurpers  of  Mexico. 

Yet  there  was  much  variance  of  opinion  and 
more  or  less  bitterness  of  spirit  between  those  in 
favor  of  independence,  of  whom  Henry  Smith, 
John  A.  Wharton  and  Branch  T.  Archer  were 
champions  and  recognized  leaders,  and  those  who 
advocated  resistance  to  the  usurpers  in  favor  of 
the  Federal  Constitution  of  1824 — an  instrument 
already  trampled  in  the  dust  in  every  part  of 
Mexico,  even  in  Coahuila,  the  ruling  portion  of 
the  united  State  of  Coahuila  and  Texas. 

On  the  3d,  Sam  Houston  offered  the  following 
resolution  which  was  unanimously  adopted: 

"WHEREAS,  the  "General  Convention  of  all 
Texas  Assembled,"  have  learned,  with  great  pleas- 
ure, that  a  detachment  of  the  army  of  the  people 
under  the  command  of  Col.  James  Bowie  and 
Capt.  J.  W.  Fannin,  on  the  morning  of  the  28th 
of  October,  encountered  a  detachment  of  the 
army  under  Gen.  Cos,  consisting  of  about  four 
hundred  men,  cavalry  and  infantry,  while  their 
force  only  consisted  of  ninety-two  men,  rank  and 
file,  near  the  Mission  of  Concepcion,  and  obtained 
a  complete  victory  over  them,  while  the  loss  of 


78  LIFE  OF  HENRY  SMITH, 

the  Anglo-Americans  was  only  one  man  danger- 
ously wounded,  and  the  loss  of  the  enemy  was 
sixteen  found  dead  on  the  field  of  battle,  with  the 
supposed  loss  of  sixteen  more  borne  off;  there- 
fore 

"Resolved,  That  the  thanks  of  this  Conven- 
vention  be  rendered  to  Gen.  Stephen  P.  Austin. 
Commander  in  Chief,  Col.  James  Bowie  and  Capt. 
J  W.  Fannin,  with  the  troops  engaged  in  the 
action,  as  a  tribute  due  to  their  heroism,  gallantry 
and  valor  in  the  defence  of  the  rights  of  Texas 
and  constitutional  liberty." 

On  the  9th  of  October,  Goliad  was  taken, 
Capt.  Collingsworth  commanding  the  Texians. 
Our  loss  was  only  one  man  wounded. 

On  motion  of  John  A.  Wharton,  it  was 

"Resolved,  That  the  thanks  of  all  Texas,  rep- 
resented in  this  convention,  be  tendered  to  Capt. 
George  M.  Collingsworth  and  his  associates  in 
arms,  for  their  gallant  conduct  in  taking  Goliad, 
and  that  the  Secretary  furnish  them  with  a  copy 
of  the  same." 

THE  FIRST  ''DECLARATION,"  NOVEMBER  7TH,  1835. 

On  the  third  day  of  the  session,  November 
3d,  on  motion  of  John  A.  Wharton,  a  committee 
of  twelve — one  from  each  municipality  then  rep- 
resented— was  appointed  to  prepare  an  address 


LIFE  OF  HENRY  SMITH.  79 

"setting  forth  to  the  world  the  causes  that  im- 
pelled us  to  take  up  arms  and  the  objects  for 
which  we  fight."  This  committee  consisted  of 
John  A.  Wharton,  of  Brazoria,  Chairman,  Wil- 
liam Menefee,  of  Austin,  R.  R.  Royal,  of  Mata- 
gorda,  Lorenzo  de  Zavala,  of  Harrisburg,  Asa 
Mitchell,  of  Washington,  William  S.  Fisher,  of 
Gonzales,  Robert  M.  Williamson,  of  Bastrop, 
,  8am  Houston,  of  Nacogdoches,  A.  Houston,  of 
San  Augustine,  Wyatt  Hanks, -of  Bevil,  Henry 
Millard  of  Liberty  and  Samuel  T.  Allen,  of 
Viesca. 

The  character  of  the  "declaration"  to  be  made 
was  discussed  in  the  convention  on  the  4th,  5th 
and  6th.  Wharton,  Henry  Smith  and  others  fa- 
voring a  declaration  of  independence,  and  others 
a  declaration  in  favor  of  the  constitution  of  1824. 
A  test  vote  on  the  6th  stood,  for  independence  15, 
for  the  constitution  of  1824,  33. 

On  the  7th,  Mr  Wharton,  on  behalf  of  the 
committee,  reported  a  declaration,  which,  it  will 
be  seen,  though  responsive  to  the  views  of  the 
majority,  sets  forth  ample  justification  for  a 
declaration  of  independence  by  enacting  firstly, 
"that  Texas  is  no  longer  morally  or  civilly  bound 
by  the  compact  of  union,"  and  secondly  "that 
they  do  not  acknowledge  that  the  present  author- 


80  LIFE  OF  HENRY  SMITH. 

ities  of  the  nominal  Mexican  Republic  have  the 
right  to  govern  within  the  limits  of  Texas." 

The  instrument,  after  discussion,  was  unan- 
imously adopted  and  signed  as  follows : 

DECLARATION  OF  THE  PEOPLE  OF  TEXAS  IN  GEN- 
ERAL CONVENTION  ASSEMBLED. 

WHEREAS,  General  Lopez  de  Santa  Anna 
and  other  military  chieftains  have,  by  force  of 
arms,  overthrown  the  Federal  institutions  of 
Mexico  and  dissolved  the  social  compact  which 
existed  between  Texas  and  other  members  of  the 
Mexican  Confederacy,  now  the  good  people  of 
Texas,  availing  themselves  of  their  natural  rights, 

SOLEMNLY  DECLARE: 

1st.  That  they  have  taken  up  arms  in  de- 
fence of  their  rights  and  liberties,  which  were 
threatened  by  the  encroachments  of  military  des- 
pots, and  in  defence  of  the  republican  principles  of 
the  Federal  Constitution  of  Mexico  of  1824. 

2d.  That  Texas  is  no  longer  morally  or  civ- 
illy bound  by  the  compact  of  union ;  yet,  stimu- 
lated by  the  generosity  and  sympathy  common 
to  a  free  people,  they  offer  their  support  and  as- 
sistance to  such  of  the  members  of  the  Mexican 
Confederacy  as  will  take  up  arms  against  mil- 
itary despotism. 


LIFE  OF  HENRY  SMITH.  81 

3d.  That  they  do  not  acknowledge  that  the 
present  authorities  of  the  nominal  Mexican  re- 
public have  the  right  to  govern  within  the  limits 
of  Texas. 

4th.  That  they  will  not  cease  to  carry  on 
war  against  said  authorities  whilst  their  troops 
are  within  the  limits  of  Texas. 

5th.  That  they  hold  it  to  be  their  right,  dur- 
ing the  disorganization  of  the  federal  system  and 
the  reign  of  despotism,  to  withdraw  from  the 
union,  to  establish  an  independent  government, 
or  to  adopt  such  measures  as  they  may  deem 
best  calculated  to  protect  their  rights  and  lib- 
erties; but  that  they  will  continue  faithful  to  the 
Mexican  government  so  long  as  that  nation  is 
governed  by  the  constitution  and  laws  that  were 
formed  for  the  government  of  the  political  asso- 
ciation. 

6th.  That  Texas  is  responsible  for  the  expen- 
ses of  her  armies  now  in  the  field. 

7th.  That  the  public  faith  of  Texas  is  pledged 
for  the  payment  of  any  debts  contracted  by  her 
agents. 

8th.  That  she  will  reward  by  donations  in 
lands,  all  who  volunteer  their  services  in  her 
present  struggle,  and  receive  them  as  citizens. 

These  declarations  we  solemnly  avow  to  the 
*  world  and  call  God  to  witness  their  truth  and 


82  LIFE  OF  HENRY  SMITH. 

sincerity,  and  invoke  defeat  and  disgrace  upon 
our  heads  should  we  prove  guilty  of  duplicity. 

BRANCH  TURNER  ARCHER, 

President. 

Municipality  of  Austin. — Wiley  Martin,  Randall 
Jones,  Jesse  Burnam,  Wm.  Menefee. 

Municipality  of  Nacogdoches. — Sam  Houston,  Jas. 
W  Robinson,  William  Whitaker,  Daniel  Par- 
ker. 

Municipality  of  Washington. — Philip  Coe,  Elijah 
Collard,  Jesse  Grimes,  Asa  Mitchell,  Asa 
Hoxey. 

Municipality  of  Harrisburg. — Lorenzo  de  Zavala, 
C.  C.  Dyer,  John  W.  Moore,  M.  W.  Smith, 
David  B.  McComb. 

Municipality  of  Liberty. — George  M.  Patrick, 
Wm.  P.  Harris,  Henry  Millard,  J.  B.  Woods, 
A.  B.  Hardin. 

Municipaliiy  of  Gonzales. — Wm.  S.  Fisher,  J.  D. 
Clements,  George  W.  Davis,  James  Hodges, 
William  W.  Arrington,  Benjamin  Fuqua. 

Municipality  of  Teneha. — Martin  Farmer. 

Municipality  of  Columbia. — Henry  Smith,  John 
A.  Wharton,  Edwin  Waller,  John  S.  D. 
Byrom. 


LIFE  OF  HENRY  SMITH.  83 

Municipality  of  San  Augustine. — A  Houston, 
William  N,  Sigler,  A.  E.  C.  Johnson,  Alex. 
Horton,  A.  G.  Kellogg. 

Municipality  of  Mina. — D.  C.  Barrett,  J.  S.  Les- 
ter, R.  M.  Williamson. 

Municipality  of  Matagorda. — R.  R.  Royal,  Charles 
Wilson.  [Absent,  James  Kerr,] 

Municipality  of  Bevil — S.  H.  Everitt,  John  Bevil. 
Wyatt  Hanks. 

Municipality  of  Viesca. — Samuel  T.  Allen,  A.  G. 
Perry,  J.  G.  W.  Pierson,  Alexander  Thomp- 
son, James  W.  Parker. 

Municipality  of  Jefferson. — Claiborne  West. 
P.  B.  DEXTER,  Secretary. 

On  motion  of  John  A,  Wharton,  it  was 
"Resolved,  That  the  Governor  and  Council  be 
empowered  to  issue  writs  of  election  to  fill  any 
vacancies  that  may  occur  in  this  body,  and  for 
the  representation  of  those  jurisdictions  not  yet 
represented ;  or  to  cause  a  new  election  in  toto  for 
delegates  to  the  Convention  of  the  first  of  March 
next." 

It  was  under  this  important  resolution  that 
the  Council,  on  the  15th  of  December,  1835,  called 
the  Convention  of  Independence,  to  be  clothed 
with  plenary  powers,  to  meet  in  Washington  on 
the  first  of  March,  1836. 


84  LIFE  OF  HENRY  SMITH. 

On  motion  of  Sam  Houston,  all  members 
present  signed  the  declaration,  and  all  absentees 
were  requested  to  do  so  when  convenient,  which 
James  Kerr,  of  Jackson,  John  J.  Linn,  of  Vic- 
toria, and  perhaps  others  did  at  a  later  day. 

In  pursuance  of  a  resolution  submitted  by 
Mr.  Millard,  of  Liberty,  a  committee  of  twelve, 
one  from  each  municipality  represented  in  this 
consultation,  was  appointed  by  the  president  to 
draw  up  and  submit  a  plan,  or  system,  for  a 
"Provisional  Government  for  all  Texas."  The 
President  appointed  Messrs.  Millard,  Henry 
Smith,  Jones,  Wilson,  Dyer,  Hoxey,  Lester,  Ar- 
lington, Robinson,  Everitt  and  A,  Houston, 

Henry  Smith  chiefly  drew  the  plan  for  the 
civil  government  and  A.  Houston  of  the  military, 
and  they  were  reported  to  the  consultation  No- 
vember 9th,  and,  with  slight  modifications, 
adopted  as  an  organic  act  or  decree  on  the 
llth,  when  it  was  enrolled  and  signed,  as  had 
been  the  Declaration. 

This  original  act  of  sovereignty  by  the  people 
of  Texas,  through  their  chosen  delegates,  deserves 
a  place  in  this  work,  and  is,  therefore,  inserted  in 
full,  as  follows: 


LIFE  OF  HENRY  SMITH.  85 

THE  PLAN  OF  THE  PROVISIONAL  GOVERNMENT. 

ARTICLE  I. 

THAT  there  shall  be,  and  is  hereby  created,  a 
"Provisional  Government"  for  Texas,  which  shall 
consist  of  a  Governor,  a  Lieutenant-Governor,  and 
a  Council  to  be  elected  from  this  body,  one  mem- 
ber from  each  municipality,  by  the  majority  of 
each  separate  delegation  present,  and  the  Gov- 
ernor and  Lieutenant-Governor  shall  be  elected 
by  this  body. 

ARTICLE  n. 

The  Lieutenant-Governor  shall  be  President 
of  the  Council,  arid  shall  perform  the  duties  of 
governor  in  case  of  the  death,  absence  or  other  in- 
ability of  the  governor,  during  which  time  a 
"president  pro  tern"  shall  be  appointed  to  perform 
the  duties  of  the  lieutenant-governor  in  council. 

ARTICLE  III. 

The  duties  of  the  General  Council  shall  be  to 
devise  ways  and  means,  to  advise  and  assist  the 
governor  in  the  discharge  of  his  functions ;  they 
shall  pass  no  laws,  except  such  as  in  their  opinion 
the  emergency  of  the  country  requires,  ever 
keeping  in  view  the  army  in  the  field,  and  the 
means  necessary  for  its  comfort  and  support. 
They  shall  pursue  the  most  effective  and  energetic 


86  LIFE  OF  HENRY  SMITH. 

measures  to  rid  the  country  of  her  enemies  and 
place  her  in  the  best  possible  state  of  defence. 
Two-thirds  of  the  members  elect  of  the  General 
Council  shall  form  a  quorum  to  do  business;  and 
in  order  that  no  vacancy  shall  happen  in  the 
council,  if  any  member;  from  death  or  other 
casualty,  shall  be  incapacitated  to  act,  the  governor 
shall  immediately,  on  information  thereof,  notify 
the  member  elected  to  fill  vacancies,  and  on  his 
default,  any  member  who  has  been  elected  to  this 
body  from  the  same  jurisdiction.  The  governor 
and  council  shall  be  authorized  to  contract  for 
loans,  not  to  exceed  one  million  dollars,  and  to 
hypothecate  the  public  lands  and  pledge  the  faith 
of  the  country  for  the  security  of  payment.  That 
they  have  the  power  to  impose  and  regulate  im- 
posts and  tonnage  duties,  and  provide  for  their 
collection  under  such  regulations  as  may  be  most 
expedient. 

They  shall  have  power,  and  it  is  hereby  made 
the  duty  of  the  governor  and  council  to  treat  with 
the  several  tribes  of  Indians  concerning  their 
land  claims,  and  if  possible,  to  secure  their  friend- 
ship. They  shall  establish  postoffices  and  post- 
roads  and  regulate  the  rates  of  postage,  and  ap- 
point a  Postmaster  General,  who  shall  have  com- 
petent powers  for  conducting  this  department  of 


LIFE  OF  HENRY  SMITH.  87 

the  Provisional  Government,  under  such  rules 
and  regulations  as  the  governor  and  council  may 
prescribe.  They  shall  have  power  to  grant  par- 
dons, remit  fines,  and  to  hear  and  judge  all  cases 
usual  in  high  courts  of  admiralty,  agreeably  to 
the  law  of  nations. 

They  shall  have  power  to  appoint  their  own 
secretary,  and  other  officers  of  their  own  body; 
also  that  they  have  the  power  to  create  and  fill 
such  offices  as  they  may  deem  proper:  Provided 
nevertheless,  That  this  power  does  not  extend  to 
officers  heretofore  rejected  by  this  house. 

That  the  governor  and  council  have  power  to 
organize,  reduce  or  increase  the  regular  forces 
as  they  may  deem  the  emergencies  of  the  country 
require. 

ARTICLE  IV. 

The  governor,  for  the  time  being  and  during 
the  existence  of  the  provisional  government,  shall 
be  clothed  with  full  and  ample  executive  powers, 
and  shall  be  commander  in  chief  of  the  army 
and  navy,  and  of  all  the  military  forces  of  Texas 
by  sea  and  land;  and  he  shall  have  full  power,  by 
himself,  by  and  with  the  consent  of  the  council, 
and  by  his  proper  commander,  and  other  officers, 
from  time  to  time,  to  train,  instruct,  exercise  and 
govern  the  militia  and  navy;  and  for  the  special  de- 


88  LIFE  OF  HENEY  SMITH. 

fence  and  safety  of  the  country,  to  assemble  and 
put  in  warlike  attitude  the  inhabitants  thereof, 
and  to  lead  and  conduct  them  by  their  proper 
officers;  and  with  them  to  encounter,  repel,  resist 
and  pursue,  by  force  of  arms,  as  well  by  sea  as  by 
land,  within  or  without  the  limits  of  Texas;  and 
also  to  destroy,  if  necessary,  and  conquer,  by  all 
proper  ways  and  enterprizes  and  means  what- 
ever, all  and  every  such  person  or  persons  as 
shall  at  any  time,  in  a  hostile  manner,  attempt 
or  enterprize  the  destruction  of  our  liberties,  or 
the  invasion,  detriment  or  annoyance  of  the 
country;  and  by  his  proper  officers  use  and  exer- 
cise over  the  army  and  navy  and  the  militia  in 
the  actual  service,  the  law  martial,  in  times  of 
war,  invasion  or  rebellion,  and  to  take  or  surprise 
by  all  honorable  ways  and  means  consistent  with 
the  law  of  nations,  all  and  every  such  person  or 
persons,  with  their  ships,  arms,  ammunition  and 
goods,  as  shall,  in  a  hostile  manner,  invade,  or  at- 
tempt the  invading  or  annoying  our  adopted 
country.  And  that  the  governor  be  clothed  with 
all  these  and  all  other  powers  which  may  be 
thought  necessary  by  the  permanent  council,  cal- 
culated to  aid  and  protect  the  country  from  her 
enemies. 


LIFE  OF  HENRY  SMITH.  89 

ARTICLE   V. 

There  shall  be  constituted  a  Provisional  Ju- 
diciary in  each  jurisdiction  represented,  or  which 
shall  be  represented  in  this  house,  to  consist  of 
two  judges,  a  first  and  second,  the  latter  only  to 
act  in  the  absence  or  inability  of  the  first,  and  be 
nominated  by  the  council  and  commissioned  by 
the  governor. 

ARTICLE  VI. 

Every  Judge  so  nominated  and  commis- 
sioned shall  have  jurisdiction  over  all  crimes  and 
misdemeanors  recognized  and  known  to  the 
common  law  of  England ;  he  shall  have  power  to 
grant  writs  of  "habeas  corpus"  in  all  cases 
known  and  practiced  to  and  under  the  same 
laws:  he  shall  have  power  to  grant  writs  of 
sequestration,  attachments  or  arrest,  in  all  cases 
established  by  the  "civil  code"  and  "code  of 
practice"  of  the  State  of  Louisiana,  to  be  regu- 
lated by  the  forms  thereof;  shall  possess  full 
testamentary  powers  in  all  cases,  and  shall  also 
be  made  a  court  of  record  for  conveyances, 
which  may  be  made  in  English,  and  not  on 
stamped  paper,  and  that  stamped  paper  be,  in 
all  cases  dispensed  with;  and  shall  be  the  notary 
public  of  their  respective  municipality.  All 
office  fees  shall  be  regulated  by  the  governor  and 


90  LIFE  OF  HENEY  SMITH. 

council ;  all  other  civil  proceedings  at  law  shall 
be  suspended  until  the  governor  and  general 
council  shall  otherwise  direct.  Each  municipality 
shall  continue  to  elect  a  sheriff,  alcalde  and 
offices  of  ayuntamientos. 

ARTICLE  VII. 

'All  trials  shall  be  by  jury ;  and,  in  criminal 
cases,  the  proceedings  shall  be  regulated  upon 
the  principles  of  the  common  law  of  England, 
and  the  penalties  prescribed  by  said  laws,  in 
cases  of  conviction,  shall  be  inflicted,  unless  the 
offender  shall  be  pardoned,  or  fine  remitted ;  for 
which  purpose  a  reasonable  time  shall  be  allowed 
to  every  convict  to  make  his  application  to  the 
governor  and  council. 

ARTICLE  VIII. 

The  officers  of  the  Provisional  Government, 
except  such  as  are  elected  by  this  house,  or  the 
people,  shall  be  appointed  by  the  general  council, 
and  all  officers  shall  be  commissioned  by  the 
governor, 

ARTICLE  IX. 

All  commissions  to  officers  shall  be  in  the 
name  of  the  people,  "free  and  sovereign,"  and 
signed  by  the  governor  and  secretary;  and  all 
pardons  and  remissions  of  fines  granted,  shall  be 
signed  in  the  same  manner. 


LIFE  OF  HENRY  SMITH.  91 

ARTICLE  X 

Every  officer  and  member  of  the  Provisional 
Government,  before  entering  upon  the  duties  of 
his  office,  shall  take  and  subscribe  to  the  follow- 
ing oath  of  office :  "I,  A.  B.,  do  solemnly  swear 
(or  affirm)  that  I  will  support  the  Eepublican 
principles  of  the  Constitution  of  Mexico  of  1824, 
and  obey  the  declaration  and  ordinances  of  the 
'consultation  of  the  chosen  delegates  of  all  Texas 
in  general  convention  assembled,'  and  the  decrees 
and  ordinances  of  the  Provisional  Government ; 
and  I  will  faithfully  perform  and  execute  the 
duties  of  my  office  agreeably  to  law,  to  the  best 
of  my  abilities,  so  help  me  God." 

ARTICLE  XI. 

On  charges  and  specifications  being  made 
against  any  officer  of  the  Provisional  Govern- 
ment for  malfeasance  or  misconduct  in  office, 
and  presented  to  the  governor  and  council,  a  fair 
and  impartial  trial  shall  be  granted,  to  be  con- 
ducted before  the  general  council ;  and  if,  in  the 
opinion  of  two  thirds  of  the  members,  cause  suf- 
ficient be  shown,  he  shall  be  dismissed  from 
office  by  the  governor. 

ARTICLE  xn. 

The  governor  and  council  shall  organize  and 
enter  upon  their  duties  immedately  after  the  ad- 


92  LIFE  OF  HENRY  SMITH. 

journment  of  this  house  and  hold  their  sessions 
at  such  times  and  places  as  in  their  opinion  will 
give  the  most  energy  and  effect  to  the  objects 
of  the  people,  and  to  the  performance  of  the 
duties  assigned  to  them. 

AETICLE  XIII. 

The  General  Council  shall  appoint  a  Treas- 
urer, whose  duties  shall  be  clearly  defined  by 
them  and  who  shall  give  approved  security  for 
their  faithful  performance, 

AETICLE  XIV. 

That  all  land  commissioners,  empresarios, 
surveyors,  or  persons  in  anywise  concerned  in 
the  location  of  lands,  be  ordered  forthwith  to 
cease  their  operations  during  the  agitated  and 
unsettled  state  of  the  country,  and  continue  to 
desist  from  further  locations  until  the  land  office 
can  be  properly  systematized  by  the  proper  au- 
thority, which  may  hereafter  be  established ;  that 
fit  and  suitable  persons  be  appointed  to  take 
charge  of  all  the  archives  belonging  to  the  differ- 
ent land  offices,  and  deposit  the  same  in  safe 
places,  secure  from  the  ravages  of  fire,  or  the 
devastation  of  enemies ;  and  that  the  persons  so 
appointed  be  fully  authorized  to  carry  the  same 
into  effect,  and  be  required  to  take  and  sign  trip- 
licate schedules  of  all  the  books,  papers  and 


LIFE  OF  HENRY  SMITH.  93 

documents  found  in  the  several  land  offices,  one 
of  which  shall  be  given  to  the  Governor  and 
Council,  one  left  in  the  hands  of  the  land  offiice, 
the  other  to  be  retained  by  the  said  person ; 
and  they  are  enjoined  to  hold  such  papers  and 
documents  in  safe  custody  subject  only  to  the 
order  of  the  Provisional  Government,  or  such 
competent  authority  as  may  be  hereafter  created ; 
and  the  said  persons  shall  be  three  from  each 
department  as  commissioners  to  be  forthwith  ap- 
pointed by  this  house  to  carry  this  resoulution 
into  full  effect,  and  report  thereof  to  the  govern- 
ment and  council;  (and  that  the  political  chiefs 
immediately  cease  their  functions).  The  dif- 
ferent archives  of  the  different  primary  judges, 
alcaldes,  and  other  municipal  officers  of  the 
various  jurisdictions  shall  be  handed  over  to  their 
successors  in  office,  immediately  after  their  elec- 
tion or  appointment;  and  the  archives  of  the 
several  political  chiefs  of  the  departments  of 
Nacogdoches,  Brazos  and  Bexar,  shall  be  trans- 
mitted forthwith  to  the  Governor  and  Council  for 
their  disposition. 

ARTICLE  xv. 

All  persons  now  in  Texas,  and  performing 
the  duties  of  citizens,  who  have  not  acquired  their 
quantum  of  land  shall  be  entitled  to  the  benefit 


94  LIFE  OF  HENRY  SMITH. 

of  the  law  on  colonization,  under  which  they 
immigrated,  and  all  persons  who  may  immigrate 
to  Texas  during  her  conflict  for  constitutional  lib- 
erty, and  perform  the  duty  of  citizens,  shall  also 
receive  the  benefits  of  the  law  under  which  they 
immigrated. 

ARTICLE  XVI. 

The  Governor  and  Council  shall  continue  to 
exist  as  a  Provisional  Government,  until  the  reas- 
sembling of  this  consultation,  or  until  other  dele- 
gates are  elected  by  the  people,  and  another  gov- 
ernment established. 

ARTICLE  XVII. 

This  convention  when  it  may  think  proper 
to  adjourn,  shall  stand  adjourned  to  meet  at  the 
town  of  "Washington,  (Texas,)  on  the  first  day  of 
March  next,  unless  sooner  called  by  the  executive 
and  council. 

ARTICLE  XVIII. 

All  grants,  sales  and  conveyances  of  lands 
illegally  and  fraudulently  made  by  the  State  of 
Coahuila  and  Texas,  located  or  to  be  located  with- 
in the  limits  of  Texas,  are  hereby  solemnly  de- 
clared null  and  void,  and  of  no  effect. 

ARTICLE  XIX. 

All  persons  who  leave  the  country  in  its 
present  crisis,  with  a  view  to  avoid  a  participation 


LIFE  OF  HENRY  SMITH.  95 

in  its  present  struggles,  without  permission  from 
the  alcalde  or  judge  of  their  municipality,  shall 
forfeit  all  or  any  lands  they  may  hold  or  may 
have  a  claim  to,  for  the  benefit  of  this  govern- 
ment: Provided,  nevertheless,  that  widows  and 
minors  are  not  included  in  this  provision. 

ARTICLE  XX. 

All  monies  now  due,  or  that  may  hereafter 
become  due,  on  lands  lying  within  the  limits  of 
Texas,  and  all  public  funds  or  revenues,  shall  be 
at  the  disposal  of  the  Governor  and  General 
Council,  and  the  receipt  of  the  Treasurer  shall  be 
a  sufficient  voucher  for  any  and  all  persons  who 
may  pay  monies  into  the  treasury ;  and  the  Gov- 
ernor and  Council  shall  have  power  to  adopt  a 
system  of  revenue  to  meet  the  exigencies  of  the 
State. 

ARTICLE  XXI. 

Ample  power  and  authority  shall  be  delega- 
ted and  are  hereby  given  and  delegated  to  the 
Governor  and  General  Council  of  the  Provisional 
Government  of  all  Texas,  to  carry  into  full  effect 
the  provisions  and  resolutions  adopted  by  the  con- 
sultation of  the  chosen  delegates  of  all  Texas  in 
general  convention  assembled,  for  the  creation, 
establishment  and  regulation  of  the  said  Provis- 
ional Government. 


96  LIFE  OF  HENRY  SMITH. 

[The  army  regulations  in  most  of  their  details 
resembled  those  of  the  United  States,  excepting 
as  follows :] 

ARTICLE  VIH. 

The  regular  army  of  Texas  shall  consist  of 
1120  men,  rank  and  file. 

ARTICLE  IX. 

There  shall  be  a  corps  of  rangers  under  the 
command  of  a  major,  to  consist  of  150  men,  to  be 
divided  into  three  or  more  detachments  and 
which  shall  compose  a  battallion  under  the  com* 
mander  in  chief  when  in  the  field. 
ARTICLE  x. 

The  militia  of  Texas  shall  be  organized  as 
follows ;  All  able  bodied  men,  over  16  and  under 
50  years  of  age,  shall  be  subject  to  military  duty. 

ARTICLE  XI. 

Every  inhabitant  of  Texas,  coming  within 
purview  of  the  preceding  article  shall,  on  the 
third  Monday  of  December  next,  or  as  soon  there- 
after as  practicable,  assemble  at  each  precinct  of 
their  municipality,  and  proceed  to  elect  one  Cap- 
tain, one  1st  Lieutenant  and  one  2nd  Lieutenant, 
to  every  56  men,  and  the  governor  shall  transmit 
commissions  to  the  same.  Four  companies 
shall  be  entitled  to  a  Major;  five  or  more  to  a 
Lieutenant  Colonel  and,  with  a  Colonel  for  the 


LIFE  OF  HENRY  SMITH.  97 

command  of  all,  shall  constitute  a  regiment, 
and  if  more  than  one  regiment  in  a  municipality, 
out  of  their  number  they  may  elect  a  Brigadier 
General,  who  shall  command  the  whole  militia 
in  the  said  municipality. 

BRANCH  T.  ARCHER, 

President. 

On  the  12th  of  November,  following  the 
adoption  of  the  organic  act,  the  Consultation  pro- 
ceeded to  the  election  of  officers  to  carry  out  its 
provisions. 

For  Governor,  Mr.  Wiley  Martin  nominated 
Stephen  F.  Austin  and  Mr.  Martin  Farmer  nomi- 
nated Henry  Smith. 

For  Governor,  Henry  Smith  received  31 
"      .  Stephen  F.  Austin      "      22 

For  Lieutenant  Governor,  James  "W.  Robinson 
received  52,  being  all  present,  excepting  himself. 

Smith  and  Robinson  were  declared  elected. 

The  Consultation  next  elected  as  Commis- 
sioners to  the  United  States  Messrs.  Branch  T. 
Archer,  William  H.  Wharton  and  Stephen  F. 
Austin,  who  were  to  be  commissioned  by  the  gov- 
ernor, in  accordance  with  the  following  resolution; 

Resolved,  That  there  shall  be  three  commis- 
sioners appointed  by  this  body  as  agents  to  the 
United  States  of  North  America,  to  be  commis- 


98  LIFE  OF  HENRY  SMITH, 

sioned  by  the  governor  and  council,  who  shall 
delegate  them  such  powers  and  give  them  such 
instructions  as  the  Governor  and  Council  may 
deem  expedient. 

COMMANDER-IN-CHIEF. 

Gren.  Sam  Houston  was  next  unanimously 
elected  Major  General,  (Commander-in-Chief),  of 
the  armies  of  Texas. 

THE  GENERAL  COUNCIL. 

Under  the  provisions  of  the  Organic  Act,  the 
following  persons,  one  from  each  municipality 
represented,  were  selected  as  members  of  the 
General  or  Legislative  Council : 

Municipality  of  San  Augustine. — A.Houston. 
Austin. — Wm.  Menefee. 
No,cogdoches. — Daniel  Parker. 
Washington. — Jesse  Grimes. 
"  Viesca. — A.  G.  Perry. 

Mina  — D.  C.  Barrett. 
Liberty. — Henry  Millard. 
Teneha. — Martin  Farmer. 
Gonzales. — J.  D.  Clements. 
Matagorda. — R.  R.  Royal. 
"  Harrisburg. — W.  P.  Harris. 

"  Columbia. — Edwin  Waller. 

"  Bevil— Wyatt  Hanks. 


LIFE  OF  HENEY  SMITH.  99 

The  oath  of  office  was  then  administered'  by 
the  President  of  the  Consultation  to  the  officers  of 
the  "Provisional  Government." 

It  is  proper  here  to  state  that  during  the  ex- 
istence of  this  council,  the  municipalities  of  Colo- 
rado, Jackson  and  Sabine  were  created  and 
allowed  representation.  The  names  of  several 
municipalities  were  changed,  as  "Teneha"  to 
"Shelby,"  "Bevil"  to  "Jasper,"  uMina"to  "Bastrop," 
"Viesca"  to  "Milam." 

It  must  also  be  borne  in  mind  that  frequently 
a  member  would  retire  and  be  succeeded  by  some 
other  member  of  the  Consultation  from  his  mu- 
nicipality. It  is  necessary,  theref ore,  in  justice  to 
all  to  subjoin  the  following  list  of  all  who,  for 
longer  or  shorter  periods,  served  in  the  council, 
though  never  but  one,  at  the  same  time,  from 
the  same  municipality. 

Municipality  of  Austin. — Wiley  Martin,  Thos. 
Barnett,  William  Menefee  and  Randall  Jones. 

Municipality  of  San  Augustine. — A.  Houston, 
A.  E.  C.  Johnson. 

Municipality  of  Colorado. — William  Menefee, 
Jesse  Burnham. 

Municipality  of  Nacogdoches.— Daniel  Parker. 


100  LIFE  OF  HENRY  SMITH. 

Municipality  of  Washington.— Jesse  Grimes, 
Asa  Mitchell,  Asa  Hoxey,  Philip  Coe,  Elijah 
Collard. 

Municipality  of  Liberty. — Henry  Millard. 

Municipality  of  Milam. — A  G.  Perry,  Alex. 
Thompson. 

Municipality  of  Shelby. — Martin  Farmer,  Jas. 
B.  Tucker. 

Municipality  of  Gonzales. — J.  D.  Clements. 

Municipality  of  Bastrop. — D.  C.  Barrett, 
Bartlett  Sims. 

Municipalicy  of  Matagorda. — R,  R.  Royal, 
Charles  Wilson,  Ira  R.  Lewis,  James  Kerr. 

Municipality  of  Harrisburg. — William  P. 
Harris. 

Municipality  of  Brazoria. — John  A.  Wharton, 
Edwin  Waller. 

Municipality  of  Jasper. — Wyatt  Hanks. 

Municipality  of  Jefferson. — Claiborne  West, 
G.  A,  Patillo. 

Municipality  of  Victoria. — J.  A.  Padilla,  John 
J.  Linn. 

Municipaliiy  of  Refugio. — James  Power,  John 
Malone. 

Municipality  of  Goliad. — Ira  Westover. 

Municipality  of  San  Patricio. — Lewis  Ayers, 
John  McMullen. 


LIFE  OF  HENEY  SMITH.  101 

Municipality  of  Sabine — J.  S.  Lane. 

Municipality  of  Jackson. — James  Kerr,  who 
represented  the  old  municipality  of  Matagorda 
till  the  creation  of  Jackson,  in  which  he  resided 
and  thereafter  represented.  The  same  remarks 
apply  to  William  Menefee,  who  first  represented 
the  old  municipality  of  Austin — then  the  newly 
created  one  of  Colorado. 

The  Secretaries  of  the  council  were  P..  B. 
Dexter  and  Elisha  M.  Pease. 

The  Secretaries  of  the  governor  were  Dr. 
Charles  B.  Stewart  and  Edward  B.  Wood. 

We  copy  the  report  of  Mr.  D.  C.  Barrett, 
Chairman  of  a  select  Committee,  to  whom  was 
referred  sundry  papers  and  letters  connected 
with  military  operations,  as  it  gives  a  clear  idea 
of  the  state  of  affairs  when  Governor  Smith  en- 
tered upon  the  arduous  and  delicate  duties  of  his 
office  as  Governor. 

THE  REPORT. 

To  the  President  of  the  Consultation. 

Your  Select  Committee  beg  leave  to  report 
that  the  communication  of  Stephen  F.  Austin  of 
the  5th  instant,  present  several  matters  interest- 
ing and  important  in  our  present  attitude  of 
resistance  against  the  destroyers  of  our  constitu- 
tion, and  the  principles  of  a  military  despotism. 


1 02  LIFE  OF  HENRY  SMITH. 

First:  The  granting  letters  of  marque  and 
reprisal,  to  cruisers  on  the  high  seas  by  the  "Pro- 
visional Government  of  Texas." 

The  Consultation  in  adopting  the  declaration 
of  the  7th  of  November,  have  organized  this 
power  and  by  the  provisions  of  the  resolution 
constituting  a  Provisional  Government,  have 
vested  this  authority  in  the  Governor  and  General 
Council 

The  second  contemplates  an  expedition  from 
New  Orleans  against  Matamoros. 

This  subject  your  committee  regard  as  im- 
portant and  concur  with  the  views  of  the  com- 
manding general  (S.  F.  Austin)  as  to  its  certain 
effect  of  crippling  the  enemy  and  distracting  his 
movements.  Your  committee,  hereby  have  it  in 
their  power  (from  documents  in  their  possession) 
to  inform  this  house,  that  a  small  force  of  150 
men,  commanded  by  Gen.  Mexia,  armed  and 
equipped  at  his  own  expense,  has  sailed  from  New 
Orleans  for  the  port  of  Tampico  or  Matamoros, 
and  that  a  descent  from  that  quarter,  from  what- 
ever source,  in  the  opinion  of  your  committee, 
will  produce  the  consequences  of  annoying  the 
enemy  at  an  unexpected  point,  and  prevent  rein- 
forcements being  sent  to  Bexar.  Should  further 
operations,  hereafter,  seem  expedient  in  aiding 


LIFE  OF  HENRY  SMITH.  103 

Gen.  Mexia,  it  enters  into  the  duties  of  the  "gov- 
ernor and  council"  of  Texas. 

Your  committee  feel  bound  to  report  to  this 
house  the  grateful  emotions  induced  by  the  dis- 
interested offer  of  Maj.  Francis  F.  Belton,  of  the 
United  States  army,  to  become  the  inspector  of 
cannon,  arms  and  military  stores  to  be  purchased 
at  New  Orleans  and  Mobile  for  the  use  of  Texas ; 
and  recommend  that  his  services  be  accepted, 
and  a  vote  of  thanks  be  passed  and  recorded  upon 
the  journals  of  this  house,  and  that  a  copy  thereof 
be  forwarded  by  the  president  to  Maj.  Belton,  at 
the  same  time  informing  him  of  the  appointment 
of  Capt.  E.  Hall,  an  experienced  officer,  who  is 
now  engaged  in  performing  the  same  duties, 
upon  a  similar  offer,  who  will  be  united  with  him. 

Your  committee,  in  reporting  the  magnani- 
mous and  generous  patriotism  of  Stephen  F. 
Austin,  J.  "W.  Fannin  and  B.  F.  Smith,  in  their 
prompt  and  voluntary  offer,  to  place  their  lands 
and  other  property  at  the  disposal  of  this  house, 
to  be  used  as  sureties  for  raising  funds  in  aid  of 
their  suffering  country,  at  war  with  the  enemies 
of  their  rights  and  liberties,  rejoice  in  seeing  such 
noble  acts  recorded  with  the  proceedings  of  this 
body  in  such  times  of  difficulty  and  danger,  and 
recommend  a  letter  of  thanks,  expressive  of  the 


104  LIFE  OF  HENRY  SMITH. 

grateful  sense  of  this  house,  for  the  offers  so  benev- 
olent and  liberal,  and  that  this  house  accept  their 
several  offers,  to  be  used  only  when  imperiously 
demanded  in  the  most  extreme  emergency. 

Your  committee,  before  closing  this  report, 
would  respectfully  call  the  attention  of  this  house 
to  the  army  now  in  the  field. 

This  force  is  composed  of  volunteers  from 
every  rank  of  citizens  in  the  country,  whose  ser- 
vices generally  commenced  before  the  assembling 
of  this  house  and  as  their  movements  have  hith- 
erto been  regulated  by  officers  of  their  own 
choice,  no  obligation  can  be  imposed  upon  them  to 
submit  to  the  control  of  the  "Provisional  Govern- 
ment." Advisory  communications  are  all  that  can 
be  made  to  them.  Nevertheless,  your  committee 
recommends  that  every  honorable  inducement 
should  be  held  out  to  them  for  their  continuance 
in  their  country's  service,  at  any  rate  until  a  reg- 
ular army  be  ready  to  take  the  field,  and  should 
Bexar  so  long  hold  out  against  their  efforts. 

Already  have  this  house  passed  resolutions 
for  their  individual  compensation,  when  the  re- 
sources of  the  country  will  permit. 

The  land  offices  have  been  closed,  that  no 
advantage  should  be  taken  over  the  soldier  in  the 
field  in  making  his  selection  of  land ;  the  grati- 


LIFE  OF  HENRY  SMITH.  105 

tude  of  this  body,  as  the  representatives  of  the 
people  of  Texas,  has  been  twice  expressed  and 
entered  upon  the  journals  of  this  house  and  every 
effort  used  to  afford  supplies  of  ammunition  and 
provisions  within  the  power  of  the  late  council 
and  this  body.  These  efforts  we  recommend  to 
be  continued  and  that  this  house  recommend  the 
members  of  the  army  to  elect  such  officers  as  are 
wanting  and  that  all  the  officers  report  themselves 
to  the  governor  and  council  for  commissions ;  that 
their  respective  ranks  be  known  of  record,  for 
purposes  obviously  necessary  for  their  future 
compensation,  and  that  of  the  soldiers  under 
them,  who  may  receive  discharges  from  their 
respective  officers  that  they  may  be  fully  known 
when  a  grateful  country  shall  be  able  to  express 
her  thanks  in  bounties  more  substantial  than 
mere  words.  Your  committee  recommend  that 
the  army  be  encouraged  to  persevere,  with  the 
assurance  that  every  exertion  will  be  used  by  the 
"Provisional  Government,"  to  aid,  comfort  and 
support  it,  which  it  has  within  its  power,  and  will 
co-operate  in  forwarding  its  operations. 

Your  committee  would  suggest,  that  much 
encouragement  is  afforded  for  perseverance  in 
military  operations,  from  the  unsettled  state  of 
the  Mexican  Government.  The  apprehension  of 


106  LIFE  OF  HENEY  SMITH. 

resistance  from  the  citizens  of  that  Kepublic,is  ad- 
mitted in  a  late  report  of  a  committee  of  their  Con- 
gress, contained  in  their  plan  of  a  form  of  govern- 
ment, intended  to  be  enforced  upon  the  people  by 
the  exertion  of  military  power,  against  their  con- 
sent. This  disposition  will  prevent  the  usurper, 
Santa  Anna,  from  reinforcing  the  troops  now 
arrayed  against  Texas;  and  gives  hopes  of  a 
co-operation  of  our  Mexican  brethren,  in  the 
glorious  cause  of  liberty  and  the  constitution,  in 
which  Texas  has  set  the  noble  example. 

D.  C.  BARRETT, 
Chairman  of  Committee. 

The  Consultation  met  November  14th,  the 
last  day  of  their  session  of  11  days ;  read  the  pro- 
ceedings of  the  previous  day,  passed  resolutions 
of  thanks  to  their  President,  Branch  T.  Archer, 
and  their  Secretary,  P.  B.  Dexter,  and  adjourned 
to  meet  again  on  the  first  of  March,  1836,  unless 
sooner  called  by  the  governor  and  council ;  and 
it  was  also 

"Resolved,  That  all  the  members  of  this  body 
who  can,  repair  to  San  Antonio,  to  assist  our 
fellow  citizens  in  the  field." 

BRANCH  T.  ARCHER, 

President. 


LIFE  OF  HENRY  SMITH.  107 

The  arduous  and  responsible  duties  of  the 
Consultation  were  completed  and  we  shut  the 
door,  as  upon  the  dead.  They  builded  wiser  than 
they  knew — the  God  whom  they  had  invoked 
directing,  overruling  all. — We  cherish  their  mem- 
ories, admire  their  patriotism  and  fortitude  and 
drop  a  tear  over  their  ashes. 

THE  PROVISIONAL  GOVERNMENT. 
The  new  government  entered  upon  duty  on 
the  same  day — November  14,  1835 — upon  which 
the  Consultation  adjourned. 

Governor  Smith,  (who  at  once  appointed  Dr- 
Charles  B.  Stewart  as  Executive  Secretary),  was 
duly  notified  of  the  organization  of  the  council, 
of  which  body  P.  B.  Dexter  was  elected  Secre- 
tary, and  on  the  15th  he  communicated  to  them 
his  first  message,  'which,  in  justice  to  him  and  the 
verity  of  history  is  here  given. 

GOVERNOR  SMITH'S  FIRST  MESSAGE. 

EXECUTIVE  DEPARTMENT,        ) 
SAN  FELIPE,  November  15,  1835.  j 

To  the  President  and  members  of  the  Legislative 

Council  of  Texas: — 

Gentlemen. — Called  upon  to  discharge  the 
duties  of  the  Supreme  Executive  of  the  free 
and  sovereign  State  of  Texas,  1  commence  the 
task  not  without  distrust  of  my  abilities,  but 


108  LIFE  OF  HENRY  SMITH. 

relying  chiefly  upon  your  support,  and  the  indul- 
gence of  an  intelligent  and  well  disposed  people,! 
am  inspired  with  confidence  and  cheered  by  the 
hope  that  our  united  efforts  to  promote  the  public 
good;  will  not  prove  unavailing. 

I  trust  there  is  not  one  of  your  honorable 
body  insensible  to  the  many  dangers  that  threaten, 
surround  and  overhang  our  adopted  country  ; 
that  there  is  not  one  who  does  not  feel  the  great 
trust  confided,  and  who  is  not  aware  of  the  heavy 
responsibilities  which  necessarily  devolve  upon 
us.  In  the  outset,  in  the  very  beginning,  ere  one 
error  is  committed  or  an  act  performed,  I  call 
upon  you  to  summon  to  your  assistance,  moral 
courage ;  to  throw  around  you  the  impenetrable 
shield  of  honesty ;  to  march  onward  in  the  path- 
way of  duty,  and  undauntedly  to  meet  the  dan- 
gers and  obstacles  which  chance  or  design  may 
throw  in  your  way.  If  we  cower  or  shrink 
beneath  the  task,  shame  and  disgrace  await  us, 
and  ruin  irretrievable  to  our  adopted  country. 
Contemplate  the  task  before  you,  the  dangers  to 
be  encountered,  and  the  obstacles  to  be  removed 
or  surmounted,  and  decline  the  task,  or  make  a 
beginning  with  a  firm  determination  faithfully 
and  fearlessly  to  perform  your  duties. 


LIFE  OF  HENRY  SMITH.  109 

I  thus  take  the  liberty  to  admonish  you, 
because  no  common  duties  devolve  upon  you. 

You  have  to  call  system  from  chaos ;  to  start 
the  wheels  of  goverment,  clogged  and  impeded  as 
they  are  by  conflicting  interests,  and  by  discord- 
ant materials.  Without  funds,  without  the 
munitions  of  war,  with  an  army  in  the  field  con- 
tending against  a  powerful  foe:  these  are  the 
auspices  under  which  we  are  forced  to  make  a 
beginning. 

Our  country  is  now  involved  in  war.  Our 
foe  is  far  superior  to  us  in  numbers  and  resources. 
Yet  when  I  consider  the  stern  materials  of  which 
our  army  is  composed,  the  gallant  and  heroic 
men  that  are  now  in  the  field,  I  regard  not  the 
disparity  of  numbers,  but  am  satisfied  that  we 
could  push  our  conquests  to  the  walls  of  Mexico. 
I  earnestly  recommend  that  you  adopt  the  most 
prompt  and  energetic  measures  in  behalf  of  the 
army ;  that  you  forthwith  provide  all  the  neces- 
sary munitions  of  war,  so  that  the  army  may 
not  be  cramped  or  impeded  by  any  remissness  on 
the  part  of  the  government,  and  that  you  be 
careful  to  select  agents  of  known  skill  and  science 
to  purchase  artillery  and  other  munitions. 

Another  important  matter,  will  require  your 
immediate  attention.  Our  frontier  and  sea-port 


110  LIFE  OF  HENRY  SMITH. 

towns  are  unprotected  and  exposed  to  the  mercy 
of  the  enemy.  The  policy  of  having  them  well 
fortified  must  be  obvious  to  all.  I  therefore  rec- 
ommend the  organization  of  a  civil  topographical 
engineer  corps,  and  the  commencement  of  the 
work  of  fortification  and  defence  without  delay. 

I  recommend  the  granting  of  letters  of 
marque  and  reprisal,  by  doing  which  we  can  not 
only  prevent  invasion  by  sea,  but  we  can  block- 
ade all  the  ports  of  Mexico  and  destroy  her  com- 
merce, and  annoy  and  harrass  the  enemy  more  in 
a  few  months  than  by  many  years  of  war  carried 
on  within  our  own  limits.  My  own  mind  is  sat- 
isfied that  the  whole  of  our  maritime  operations 
can  be  carried  on  by  foreign  capital  and  foreign 
enterprise.  Already  applications  for  commis- 
sions have  been  made ;  they  are  willing  to  take 
the  hazard,  as  such  affords  them  every  encour- 
agement. 

Provisions  have  already  been  made  for  the 
organization  of  a  corps  of  rangers,  and  I  conceive 
it  highly  important  that  you  should  place  a  bold, 
energetic  and  enterprising  commander  at  their 
head.  This  corps,  well  managed,  will  prove  a 
safeguard  to  our  hitherto  unprotected  frontier 
inhabitants  and  prevent  the  depredations  of  those 
savage  hordes  that  infest  our  borders.  I  conceive 


LIFE  OF  HENRY  SMITH.  Ill 

this  very  important  at  this  moment,  as  it  is 
known  that  the  Mexican  authorities  have  en- 
deavored to  engage  them  in  a  war  with  us. 

Volunteers  from  foreign  countries  are  daily 
reaching  our  shores  and  enlisting  in  our  cause. 
These  gallant  and  chivalrous  men  are  actuated 
alone  by  the  noblest  motives ;  no  sordid  or  mer- 
cenary considerations  have  induced  them  to  leave 
their  homes  and  share  our  fate.  Let  us  then  act 
with  becoming  generosity,  and  unasked,  give 
valor  its  reward.  I  recommend  this  not  only  that 
the  world  may  know  what  are  the  inducements 
that  Texas  holds  forth  to  the  brave  and  enter- 
prising ;  but  in  order  that  it  may  be  now  settled 
and  not  hereafter  become  the  cause  of  dissatis 
faction. 

7.  Some  of  our  red  brethren  of  the  Cher- 
okee, Shawnee  and  others  of  their  associate  bands, 
are  located  on  certain  lands  within  our  limits,  to 
which  it  is  generally  understood  they  have  a 
just  and  equitable  title.  They  have  lately  been 
interrupted  in  their  title  by  surveys  and  locations 
within  the  limits  which  they  claim,  which  has 
created  among  them  great  dissatisfaction.  I 
therefore  recommend  that  you  second  the  meas- 
ures of  the  late  convention  in  this  matter  and 
never  desist  until  the  objects  contemplated  by 
that  body  be  carried  into  effect, 


112  LIFE  OF  HENRY  SMITH. 

8.  I  recommend  the  employing  of  agents  for 
foreign  countries;  that  they  be  clothed  with  special 
powers,  and  that  they  be  sent  to  different  points, 
with  a  view  of  procuring  for  Texas  all  the  aid 
and  assistance  that  a  generous  and  sympathizing 
world  will  bestow. 

9.  I  would  also  recommend  the  establish- 
ment of  a  tariff,  and  the  appointment  of  revenue 
officers  to  collect  imports  and  tonnage  duties; 
also  a  collector  for  the  purpose  of  collecting  all 
sums  due  the  government  on  lands  or   other 
sources. 

10.  I  would  now  call  your  attention  to  the 
postoffice  department  and  would  recommend  the 
appointment  of  a  postmaster-general.    The  ap- 
pointment made  by  the  previous  council  I  highly 
approve,   and  trust  under  your  care  that  this 
department  will  flourish  and  extend  its  benefits 
to  every  section  of  the  country.    I  further  recom- 
mend an  express  department  to  continue  during 
the  war. 

11.  No  time  should  be  lost  in  the  organiza- 
tion of  the  militia,  nor  in  the  local  civil  organiza- 
tion of  the  different  jurisdictions   of  Texas  in 
conformity  with  the  plan  of  the  Provisional  or- 
ganization of  the  government. 


LIFE  OF  HENRY  SMITH. 

12.  You  will  find  it  necessary  to  appoint  a 
treasurer,  and  perhaps  other  officers  which  you 
may  hereafter  find  requisite. 

13.  It  will  also  become  your  duty  to  select 
some  place  as  the  seat  of  government,  at  which 
to  hold  your  regular  sittings  during  the  continu- 
ance   of  the  present  form  of  government.     In 
doing  this  you  will  throw  aside  all  local  partiali- 
ties and  prejudices,  and  fix  on  that  point  possess- 
ing most  advantages,  and  the  best  calculated  to 
forward  our  views,    by  giving  promptness  and 
energy  to  our  united  actions.    I  therefore  deem 
it  unnnecessary  to  make  further  suggestions  on 
that  subject,  and  will  only  add  that  a  council 
hall,  together  with  other  offices  for  the  different 
departments  of  government,  is  indispensable. 

14.  I  have  now,  gentlemen,  touched  upon 
all  the  matters  of  importance  that  have  presented 
themselves  to  me.    Doubtless  many  have  escaped 
my  observation,  which  you  will  d3tect.     I  will, 
from  time  to  time,  present  such  other  matters  for 
your  consideration  as  may  occur  to  me.    Again 
permit  me  to  remind  you  of  the  necessity  of  act- 
ing with  energy,  boldness  and  promptitude — that 
the   welfare  of   thousands  depends  upon  your 
actions.      Your  country  possesses  immense   re- 
sources if  properly  developed;  it  is  for  you  to 


114  LIFE  OF  HENEY  SMITH, 

quicken  and  enliven  the  body  politic,  and  make 
Texas  the  Eden  of  America. 

I  conclude,  gentlemen,  by  expressing  the  hope 
that  the  Supreme  Euler  of  Nations  will  smile  upon 
your  council,  and  that  by  our  united  efforts,  we 
will  be  enabled  to  place  Texas  in  a  situation  to 
become  what  the  God  of  nature  designed  her  to 
be,  a  land  of  liberty  and  of  laws — of  agriculture 
and  of  commerce — the  pride  and  support  of  our 
lives,  and  a  legacy  of  price  unspeakable  to 
posterity.  HENRY  SMITH. 

This  brings  us  to  a  marked  era  in  the  history 
of  Texas ! — a  Provisional  Government  organized, 
with  the  necessary  officers  and  agents  installed,  at 
the  head  of  all  of  which  stood  citizen  Henry  Smith, 
as  Governor — the  pioneer  of  1827  !  the  school 
teacher  in  the  canebrakes  of  the  lower  Brazos ! 
the  accomplished  district  surveyor !  the  tried  and 
faithful  alcalde!  the  secretary  of  the  ayunta- 
miento !  the  first  American  political  chief !  a  unan- 
imously elected  delegate  to  the  proposed  Bexar 
Convention  late  in  1834  !  a  zealous  worker  on  the 
Brazoria  committe  of  safety!  a  delegate  to  the 
late  general  Consultation !  preceded  by  none  in 
advocacy  of  the  Independence  of  Texas  from 
Mexico !  and  now  the  first  American  Governor 


LIFE  OF  HENRY  SMITH.  1 1 5 

of  the  country,  and  the  first  governor  of  any 
nationality  to  preside  over  the  whole  domain 
comprehended  as  Texas ! 

In  giving  as  faithful  a  record  of  his  admin- 
istration and  of  the  results  as  our  means  will 
allow,  we  hope  not  to  disturb  the  ashes  of  any 
hero  sleeping  beside  him.  But  stern  justice  de- 
mands that  truth  shall  be  vindicated  in  behalf  of 
a  wise  statesman,  a  stern  and  incorruptible 
patriot — blunt,  honest  and  without  concealment 
-who  loved  his  country  and  liberty  with  a  devo- 
tion unsurpassed  by  any  of  his  compeers.  In 
what  spirit  and  to  what  extent  he  co-operated 
with  the  council  in  their  deliberations  and  pro- 
ceedings, cannot  be  better  shown  than  by  refer- 
ence to  his  communications  to  them  on  matters 
of  interest  and  in  response  to  ordinances  and 
decrees  sent  to  him  from  time  to  time  for  ap- 
proval, all  of  which  are  of  public  record.  As  it 
is  impossible  that  many  who  may  be  interested 
in  the  perusal  of  this  work,  can  have  access  to 
these  public  records,  those  that  seem  of  most 
peculiar  interest,  have  been  copied.  Far  from  be- 
ing only  dry  details  of  department  business  they 
each  contain  a  spirited  portrayal  of  the  living 
issues  involved  in  each  decree,  or  ordinance,  and 
display  a  high  appreciation  of  the  duties,  dignity 


116  LIFE  OF  HENEY  SMITH. 

and  prerogatives  of  his  office,  as  well  as  a  jealous 
oversight  of  the  interests,  (often  jeopardized,)  of 
his  country — besides  giving  many  interesting 
minor  details  of  our  history  which  have  never 
found  place  in  the  books. 

The  first,  bearing  date  of  November  20th, 
1835,  we  copy  in  anticipation  of  a  "specification," 
under  a  charge  brought  among  others,  against 
him  by  the  council. 

SAN  FELIPE,  November  20,  1835. 
To  the  Honorable  the  President  and  members  of 

the  General  Council: 

Gentlemen : — I  have  now  before  me  your  or- 
dinances, numbers  one  and  two,  the  third  having 
received  my  signature  on  account  of  its  having 
been  presented  first.  I  would  only  suggest  to 
your  honorable  body  the  propriety  of  having  your 
enactments  presented  in  numerical  order,  inas- 
much as  it  would  tend  to  make  our  journals  more 
uniform  and  consistent.  As  it  respects  the  first 
ordinance,  I  only  suggest  its  amendment  so  as  to 
allow  the  executive  the  three  full  days  from  the 
time  of  its  reception  in  that  department  without 
regard  to  the  date  of  its  passage  before  the  house. 
With  these  remarks,  I  herewith  return  the  first 
decree,  the  second  being  under  consideration,  and 
will  be  returned  as  soon  as  practicable.  With 
sentiments  of  esteem,  &c.  HENRY  SMITH 


LIFE  OF  HENRY  SMITH.  117 

Also  the  following  dated  November  20,  1835: 

EXECUTIVE  DEPARTMENT,         ) 
SAN  FELIPE,  November  20,  1835.  ) 

To  the  Honorable  the  President  and  members  of 

the  Legislative  Counil : 

Gentlemen.— The  second  ordinance  passed  by 
your  body  is  now  before  me,  and  has  received  my 
serious  consideration.  To  as  much  of  it  as  goes 
to  the  establishing  of  the  salaries  of  the  different 
officers  therein  named,  I  feel  bound  to  object. 
Inasmuch  as  the  chosen  delegates  of  all  Texas,  in 
convention  assembled,  determined  to  pursue 
strictly  the  rules  of  economy,  by  rigidly  ex- 
punging the  names  of  offices  well  known  to 
be  absolutely  necessary  for  proper  organiza- 
tion, it  would  now  be  deemed  in  us  (with 
whom  the  power  has  been  deposited)  a  great 
error  or  stretch  of  that  power,  if  we  should 
create  offices  with  what  the  people  would  con- 
sider high  salaries.  I  have  every  wish  that  the 
laborer  should  be  well  paid  for  his  services ;  but 
inasmuch  as  we  have  not  a  rich  treasury,  and  our 
country  is  involved  in  war,  I  think  much  should 
be  performed  through  motives  of  patriotism.  It 
must  be  evident  to  all  that  the  convention,  when 
voting  the  salaries  of  the  governor  and  lieuten- 
ant governor,  were  actuated  from  such  motives, 
well  knowing  their  offices  were  the  most  arduous 


118  LIFE  OF  HENRY  SMITH. 

and  responsible  within  their  gift.  As  such,  I 
consider  all  permanent  officers  should  be  gradua- 
ted from  them,  and  allowed  per  annum  salaries. 
It  is  quite  uncommon  that  the  highest  officers 
should  receive  the  lowest  salaries.  I,  therefore, 
object  to  that  part  of  the  bill. 

To  the  sixth  and  last  decree  in  the  bill  I  ob- 
ject, for  the  following  reasons.  There  is  no  print- 
ing press  at  Washington,  which  I  deem  essential 
to  our  business.  The  public  printing  has  not 
been  yet  completed  as  contracted  for,  which 
should  be  superintended  by  your  body ; — nor  has 
there  been  any  legislative  action,  known  to  me, 
prescribing  or  defining  the  duties  of  our  agents 
to  be  sent  abroad.  Their  commissions,  with  au- 
thority to  hypothecate  the  public  lands,  and 
pledge  the  faith  of  the  country,  to  answer  our 
present  emergencies,  have  not  been  made  out. 
Commissions  granting  letters  of  marque  and  re- 
prisal have  been  earnestly  solicited,  both  by  our 
ofrn  citizens  and  foreigners ;  and,  as  yet,  have  not 
been  acted  on.  These  are  things  I  deem  of  the 
most  urgent  and  vital  importance;  and  they 
should  receive  our  prompt  attention. 

Furthermore,  I  am  not  apprised  that  your 
body  has  made  the  necessary  arrangement  for  our 
comfortable  location  at  Washington.  It  appears 


LIFE  OF  HENRY  SMITH.  119 

to  me  probable  that  more  might  be  lost  than 
gained  by  the  move.  Be  that  as  it  may,  the  move 
as  contemplated  and  incorporated  in  the  sixth 
decree,  I  deem  premature,  and  calculated  to  pro- 
duce delay  and  great  injury ;  as  such  I  feel  bound 
to  object  to  it.  I  would  beg  leave  to  suggest  to 
your  honorable  body  that,  notwithstanding  our 
situation  here  may  be  uncomfortable,  (and  none 
can  be  more  so  than  my  own,)  still  a  sense  of 
public  duty  urges  me  to  earnestly  solicit  your 
body  to  submit  themselves  to  all  inconveniences 
for  the  present,  until  the  grand  and  important 
business  of  necessity  can  be  accomplished ;  then 
you  will  find  me  willing  to  co-operate  with  you  in 
the  selection  of  any  point  which  you  may  deem 
best  calculated  to  promote  our  own  convenience, 
and  advance  the  public  good. 

With  sentiments  of  the  highest  regard  and 
consideration,  I  remain,  gentlemen, 

Your  obedient, 
HENRY  SMITH,  Governor. 

The  governor  was  sustained  on  the  first  point 
involved  by  a  unanimous  vote  and  by  two-thirds 
on  the  second, 

The  following  message  of  November  24th, 
1835,  shows  with  what  keen  jealousy  Governor 
Smith  labored  to  guard  the  public  interest  and 
secure  wise  legislation : 


120  LIFE  OF  HENRY  SMITH. 

EXECUTIVE  DEPARTMENT,         ) 
November  24,  1835.  ) 

To  the  Honorable  the  President  and  members  of 
the  Legislative  Council  of  Texas: — 
Gentlemen : — I  have  under  review  three  bills 
which  have  been  passed  by  your  body,  and  for- 
warded to  this  department.      I  have  duly  con- 
sidered the  same  and  herewith  transmit  them 
with  such  remarks  as  appear  to  me  consistent. 

The  bill  authorizing  Thomas  F.  McKinney  to 
proceed  to  borrow  for  the  use  of  the  Provisional 
Government  the  sum  therein  named;  I  have 
only  to  suggest  to  your  body  the  impropriety  of 
employing  agents  with  powers  which  may  con- 
flict with  the  duties  and  powers  of  our  general 
agents,  elected  by  the  convention,  with  a  view  to 
be  immediately  dispatched,  with  full  and  ample 
powers,  to  perform  all  the  duties  incorporated  in 
said  bill;  who  will  also  be  authorized  and  in- 
structed by  your  body,  to  perform  all  such  other 
duties  as  the  nature  of  their  mission,  and  the  ex- 
igencies of  the  country,  may  require.  I  would 
only  suggest  to  your  honorable  body  the  propriety 
of  making  out  instructions  with  the  proper  com- 
missions to  those  agents  thus  elected,  in  order 
that  they  be  immediately  dispatched  to  perform 
the  duties  assigned  to  them.  Ard  thj\t  ?  com- 


LIFE  OF  HENRY  SMITH. 

mittee  of  suitable  and  fit  persons  be  appointed  to 
take  this  matter  under  their  consideration.  And 
in  the  event  that  those  agents,  specially  appointed 
by  the  convention,  do  not  present  themselves,  that 
you  immediately  proceed  to  appoint  others  who 
will  serve.  This  is  a  matter  which  I  consider  of 
the  most  vital  importance,  and  deserves  your 
prompt  attention. 

The  ordinance  next  under  my  consideration 
is  the  ordinance  and  decree  regulating  offices 
under  the  Provisional  Government,  which  I  ap- 
prove and  have  signed. 

The  next  in  order  is  the  ordinance  establish- 
ing a  navy  and  granting  letters  of  marque  and 
reprisal.  To  this  bill  I  am  bound  to  object,  as  it 
now  stands.  The  privileges  granted  to  privateers 
seem  to  me  rather  unbounded — that  this  govern- 
ment takes  all  the  responsibilities  without  any 
interest  in  the  captures  which  may  be  made.  If 
prizes  are  brought  into  our  ports,  the  government 
will  be  at  the  expense  of  adjudication  and  sale, 
without  remuneration,  provided  they  should  be 
found  lawful  prizes — if  not  lawful  prizes,  they 
will  be  bound  to  make  remuneration  for  the  act  of 
their  commissioned  agents,  who  have  brought 
into  our  ports  prizes  which  cannot  be  condemned 
and  sold  as  such.  Besides,  I  consider,  agreeably 


122  LIFE  OF  HENRY  SMITH. 

to  the  provisions  of  the  ordinance,  that  privateers 
would  have  an  unbridled  license  to  roam  at  large 
without  being  particularly  under  the  control  of 
the  government,  and  kept  within  limits  calcula- 
ted to  protect  our  own  commerce,  and  might,  in 
the  end,  be  productive  of  more  injury  than  good. 
And  notwithstanding  I  have  recommended  and 
Urged  the  granting  of  letters  of  marque  and  re- 
prisal, if  they  are  not  commissioned  in  a  manner 
calculated  to  promote  the  public  good,  by  annoy- 
ing our  enemies,  and  protecting  our  own  com- 
merce, they  might  prove  injurious  to  the  govern- 
ment, rather  than  an  advantage ;  as  such  I  would 
like,  if  commissions  are  issued,  that  they  would 
not  derogate  from  similar  privileges  granted  by 
other  governments. 

As  it  respects  that  part  of  the  bill  making 
provision  for  the  creation  of  a  navy ;  if  it  should 
be  made  out  in  a  separate  bill  for  that  purpose, 
it  would  appear  much  better,  and  would  entirely 
meet  my  views,  as  I  deem  it  essentially  necessary 
for  the  protection  of  our  commerce.  It  is  highly 
probable  that  those  persons  wishing  to  fit  out 
privateers  would  tender  their  vessels  and  services 
to  the  government,  by  having  the  proper  guaran- 
tees, and  submit  themselves  entirely  to  the  con- 
trol and  supervision  of  the  government.  This,  if 


LIFE  OF  HENRY  SMITH.  123 

it  could  be  effected,  would  be  much,  better  than 
granting  an  unbridled,  roaming  license  to  priva- 
teers, which  would  neither  be  productive  of  se- 
curity nor  profit  to  the  government.  I  would, 
therefore,  suggest  the  propriety  of  separating  the 
substantive  matter  of  the  bill,  and  introduce  one 
solely  for  the  purpose  of  creating  a  navy  on 
proper  principles ;  and  leaving  out  the  provision 
for  granting  letters  of  marque  and  reprisal,  un- 
less your  honorable  body  may  think  proper  to 
introduce  it  in  a  different  shape.  I  am  well 
aware  that  no  good  could  result  from  granting 
such  commissions  as  contemplated  by  that  por- 
tion of  the  bill,  and  as  such  object  to  it. 

I  take  this  opportunity  further  to  remind 
your  body  of  the  propriety  of  making,  without 
delay,  the  necessary  enactments  calculated  to 
authorize  the  commander-in-chief  of  the  forces 
of  Texas  to  issue  his  proclamation,  in  order  that 
volunteers  and  other  troops  daily  arriving  on  our 
shores,  and  from  various  parts  of  the  country, 
may  know  to  whom  they  shall  report,  and  to 
whom  they  shall  hold  themselves  amenable, 
either  as  volunteers  for  a  specific,  time,  or  as 
recruits  to  the  regular  army.  I  deem  it  entirely 
uncalled  for,  and  even  imprudent,  to  furnish 
troops  with  clothing  or  other  outfit,  without  a 


124  LIFE  OF  HENRY  SMITH. 

guarantee  to  know  to  whom  they  will  submit 
themselves,  or  what  the  term  of  their  service 
shall  be. 

With  these  hasty  remarks  I  forward  the  bills 
enumerated,  hoping  your  honorable  body  will 
make  such  disposition  of  my  remarks  as  their 
better  .judgment  may  direct. 

With  sentiments  of  regard  and  consideration, 
I  am  Your  obedient  servant 

HENRY  SMITH, 

November  24,  1835.  Governor. 

The  council  passed  the  ordinance  over  the 
veto  by  a  constitutional  majority  allowing  Thos. 
F.  McKinney  to  borrow  a  hundred  thousand  dol- 
lars and  take  his  commissions  out  of  the  same. 

Following  this  action  the  governor  sent  in 
this  communication: 

EXECUTIVE  DEPARTMENT,         ) 
November  27,  1835.  J 

To  the  Honorable  the  President  and  members  of 

the  Legislative  Council: 

Gentlemen. — I  have  had  under  consideration 
the  following  ordinances  passed  by  your  body, 
viz :  A.n  ordinance  for  granting  letters  of  marque 
and  reprisal ;  a  decree  for  establishing  a  navy ; 
an  ordinance  regulating  the  militia.  The  ordi- 
nance appointing  Thos.  F.  McKinney  for  the  pur- 


LIFE  OF  HENRY  SMITH.  125 

poses  therein  named,  which  has  been  passed  by 
a  constitutional  majority,  has  now  received  my 
signature;  as  well  also  as  the  one  appropriating 
money  for  the  use  of  the  army,  &c.,  all  of  which 
1  herewith  transmit. 

I  transmit  also  for  the  information  of  your 
body  a  communication  received  by  express  from 
headquarters,   which  you  will   use  as    circum- 
stances may  direct.    With  sentiments,  &c.,  &c. 
Your  obedient  servant, 
HENRY  SMITH,  Governor. 

EXECUTIVE  DEPARTMENT,         ) 
November  28,  1835  j 

To  the  Honorable  the  President  and  members  of 

the  Legislative  Council : 

Gentlemen. — Much  time  has  elapsed  since 
the  adjournment  of  the  convention.  A  res- 
olution was  adopted  by  that  body  that  their 
acts  should  be  published  and  circulated;  and  a 
committee  was  appointed  by  that  body  to  attend 
particularly  to  that  matter.  The  publication  has 
not  yet  appeared,  nor  do  I  know  in  what  state  of 
progress  it  may  be.  It  is  a  matter  of  the  highest 
importance,  and  about  which  much  interest  is 
felt ;  and  its  delay  or  suppression  from  the  pub- 
lic eye,  has  already,  and  will  continue  to  create, 
not  only  great  inconvenience,  but  absolute  dis- 
trust and  misrepresentation. 


126  LIFE  OF  HENEY  SMITH. 

I  confidently  hope  that  your  body  will  forth- 
with institute  an  inquiry  into  the  matter,  and 
never  cease  your  exertions  until  that  matter  is 
brought  before  the  public  in  its  proper  shape. 
It  is  entirely  useless  to  send  forth  commissions, 
until  the  organic  and  necessary  laws,  are  trans- 
mitted with  them.  With  sentiments  &c.,  &c. 

I  am,  gentlemen, 
Your  obedient  servant, 
HENKY  SMITH,  Governor. 

On  the  28th  of  November  the  Governor  ap- 
proved an  ordinance  appointing  a  commissary  to 
take  charge  of  the  volunteers  and  another  for  the 
purchase  of  munitions  of  war,  provisions,  &c. 
On  the  29th  he  sent  in  the  subjoined  communi- 
cation. 

To  the  Honorable  the  President  and  members  of 
the  Legislative  Council: 

Gentlemen. — Our  fellow  citizen,  Mr.  Samuel 
Whiting,  wishes  to  leave  forthwith  for  New 
Orleans .  He  has  been  rendering  services  to  the 
country  and  has  a  desire  to  continue  his  useful- 
ness by  being  instrumental  in  fitting  out  priva- 
teers in  conformity  with  a  decree  passed  by  your 
body  on  that  subject.  He  has  applied  to  me  for 
blank  commissions,  to  be  filled  out  as  opportunity 
or  circumstances  shall  direct.  I  would  therefore 


LIFE  OF  HENRY  SMITH.  127 

suggest  to  your  body  the  propriety  of  passing  an 
ordinance  authorizing  the  executive  to  vest  him 
with  authority  to  fill  out  the  blanks,  under  special 
instructions  from  the  executive  in  conformity 
with  said  ordinance.  As  this  matter  should  be 
expedited,  immediate  action  will  be  necessary. 
I  herewith  transmit  for  your  information,  tran- 
scripts from  certain  letters  from  the  United 
States,  which  have  been  handed  me.  Some  of 
the  Mobile  volunteers  have  arrived  in  this  town, 
and  called  on  me  to  know  what  disposition  will 
be  made  of  them.  It  would  probably  be  a  cour- 
tesy due  to  these  men  to  inquire  the  reasons  of 
their  separation  from  the  balance  of  their  com- 
pany, and  make  such  disposition  of  them  as  their 
merit  may  require.  Your  obedient, 

HENRY  SMITH,  Governor. 

On  December  1st  the  governor  sent  in  the 
following : 

Gentlemen.— I  herewith  transmit  for  your 
information  intelligence  just  received  from  our 
army  at  headquarters  near  Bexar.  The  truly 
gratifying  intelligence  from  our  brave,  patriotic 
citizen  soldiers,  comports  well  with  their  true 
character,  and  deserves  from  us  the  highest 
praise  and  commendation,  both  to  officers  and 
men  who  were  engaged  in  the  unequal  contest.  I 


128  LIFE  OF  HENRY  SMITH 

would  therefore  recommend  to  your  honorable 
body  the  propriety  of  tendering  to  the  worthy 
heroes  engaged  in  the  late  action,  a  vote  of 
thanks  and  commendation  for  their  laudable  and 
meritorious  conduct  on  that  occasion,  and  also  to 
the  whole  army  for  their  indefatigable  persever- 
ance, in  which  you  will  please  join  the  heartfelt 
gratitude  of  your  Executive — and  encourage  the 
heroic  band  never  to  cease  their  heroic  opera- 
tions, so  long  as  the  footsteps  of  a  Mexican  sol- 
dier is  to  be  found  on  the  plains  of  Texas. 

I  also  transmit  to  you  a  communication  from 
Major  R  M.  Williamson,  of  the  corps  of  rangers, 
which  will  show  for  itself.  I  have  only  to  say 
that  I  have  since  understood  that  the  individual 
therein  named  had  concluded  to  accept  of  this 
matter.  You  will  be  the  judges.  It  is  all  import- 
ant that  the  corps  should  be  forthwith  in  service. 
With  sentiments  &c.,  &c. 

Your  obedient  servant, 
HENRY  SMITH,  Governor. 

On  December  2nd  he  wrote : 

Gentlemen. — I  herewith  transmit  for  your 
consideration  and  inspection  such  communica 
tions  as  have  come  to  my  hands  as  the  Executive. 
The  one  from  Gonzales,  will  claim  your  imme- 
diate and  prompt  attention,  as  the  bearer  will 


tlFE  OF  HENRY  SMITH.  129 

probably  leave  in  the  morning.  The  nature  of 
the  communication  and  the  requisite  attention 
should  be  prompt.  With  sentiments  &c.,  &c. 

Your  obedient  servant, 

HENRY  SMITH,  Governor. 
P.  S.     Capt.   Blair,  with  his  company,  has 
tendered  his  services,  which  have  been  received 
with  an  enrolment  of  his  company ;  and  will  be 
disposed  of  in  a  proper  manner. 

On  December  4th  he  again  says  to  the  Council : 
Gentlemen. — I  herewith  transmit  for  your 
information,  various  communications  recently 
received,  all  of  which  will  show  for  themselves 
and  to  some  of  which  I  call  your  particular  at- 
tention The  documents  in  the  Castillian  lan- 
guage are  said  to  be  the  product  of  an  intercepted 
correspondence  from  the  interior  authorities  of 
the  Central  Government  to  General  Cos  at  Bexar. 
They  contain  the  plans  of  Santa  Anna,  for  a  vig- 
orous prosecution  of  the  war  against  Texas— 
which  is  determined  by  him  as  a  war  of  extermi- 
nation. General  Austin  informs  me  that  in  one 
of  his  communications  he  has  consolidated  the 
principal  matter  in  a  brief  manner.  I  would, 
however,  recommend  that  the  whole .  be  read 
before  your  body,  and  such  portions  translated 
and  published  as  you  may  deem  expedient.  The 
printed  document,  purporting  to  be  the  act  of  the 


130  LIFE  OF  HENRY  SMITH. 

General  Congress,  establishing  and  defining  the 
plan  of  the  Central  Government — with  some 
manuscript  documents,  marked  confidential— 
you  may  at  least  deem  worthy  of  publication, 
together  with  a  condensed  view  of  the  whole  sub^ 
ject  matter  of  the  intercepted  correspondence. 
The  domestic  correspondence,  herewith  accom- 
panying, will  show  for  itself,  and  by  you  will  be 
taken  for  what  it  is  worth.  Some  of  the  docu- 
ments are  the  views  and  opinions  of  men  which, 
by  you,  can  be  properly  appreciated. 

Taking  a  fair  view  of  things  as  they  now 
seem  to  stand,  I  have  no  doubt  you  will  agree 
with  me,  that  every  energy  and  exertion  on  our 
part  should  be  resorted  to  to  counteract,  or  meet 
with  efficiency  the  pending  storm  which  over- 
hangs our  country.  It  must  be  acknowledged  by 
all,  that  our  only  succor  is  expected  from  the 
East,  where,  as  yet,  we  have  not  dispatched  our 
agents.  Sufficient  time  has  elapsed  since  the 
rising  of  the  convention,  for  them  to  now  be  in 
the  United  States.  They  have  called  on  me  in 
vain,  day  after  day,  time  after  time,  for  their  dis- 
patches, (at  least  some  of  them),  and  they  are 
not  yet  ready.  I  say  to  you,  the  fate  of  Texas 
depends  upon  their  immediate  dispatch  and  suc- 
cess; why  then  delay  a  matter  of  such  vital 


LIFE  OF  HENRY  SMITH.  181 

importance,  and  give  place  to  minor  matters, 
which  could  be  much  better  delayed?  Permit 
me  to  beg  of  you  a  suspension  of  all  other  busi- 
ness until  our  foreign  agents  are  dispatched. 

I  would  further  suggest  to  your  body  the 
propriety  of  passing  a  bill  authorizing  the  Exec- 
utive to  issue  his  proclamation  calling  upon  the 
different  jurisdictions  to  send  delegates  to  a  new 
convention,  to  meet  in  conformity  with  the  or- 
ganic law,  and  the  elections  to  be  held  as  soon 
as  practicable ;  and  that  the  members  be  clothed 
with  plenary  powers;  and  that  in  framing  the 
bill  you  apportion  the  representation  as  nearly  as 
possible  on  the  principles  of  equality.  The  pro- 
ceedings of  our  former  convention  have  not  yet 
appeared  before  the  public,  a  circumstance  well 
and  justly  calculated  to  bring  down  upon  us  the 
public  censure  and  odium  of  the  whole  commu- 
nity. The  committee  charged  with  that  trust  by 
the  convention,  justly  merits  reprehension,  and  a 
vote  of  public  censure  for  the  neglect  and  con- 
tumely with  which  they  have  treated  the  public 
confidence. 

With  sentiments  of  the  highest  respect,  &c. 

I  am,  gentlemen, 

Your  obedient  servant, 

HENRY  SMITH, 
December  4,  1835.  Governor. 


132  LIFE  OF  HENRY  SMITH. 

On  December  5th,  the  following  character- 
istic and  sagacious  communication  was  trans- 
mitted to  the  Council . 

Gentlemen. — I  have  had  under  consideration 
the  following  bills  which  have  been  passed  by  your 
body,  viz :  An  ordinance  and  decree  changing  the 
manner  of  drawing  drafts  on  the  Treasurer,  &c. 
I  object  to  the  bill  for  the  following  reasons : 

First.  The  committee  on  finance  with  whom 
the  whole  discretion  of  appropriating  money,  and 
drafting  on  the  treasury,  is  vested,  is,  like  all 
other  committees  belonging  to  your  body,  liable 
to  change  and  shift  its  members ;  as  such,  indis- 
creet appropriations  might  be  made,  and  money 
drawn  for  improper  uses.  That  a  bare  report  to 
the  Council  of  what  had  been  done,  in  order  that 
it  be  noted  in  your  journals,  would  afford  no 
check  to  the  acts  of  the  committee,  because  the 
appropriation  and  draft  on  the  treasury  would 
be  made  prior  to  the  report  of  the  committee,  and 
as  such  they  would  be  left  without  check  or 
corrective. 

Secondly.  I  consider  that  no  appropriations 
of  money  should  be  made  except  by  law.  That 
no  committee,  or  separate  authority,  should  be 
privileged  to  make  appropriations,  or  draw  money 
from  the  treasury  without  the  necessary  formali- 


LIFE  OF  HENRY  SMITH.  133 

ties  having  been  complied  with.  Acting  without 
the  proper  functionaries  of  Secretary,  Comptrol- 
ler, &c,  it  would  be  well  to  incorporate  in  our 
plan  as  many  checks  and  balances  as  would  be 
consistent  without  producing  complexity.  For 
the  foregoing  reasons  I  object  to  the  bill. 

The  ordinance,  making  it  my  duty  to  issue  a 
special  commission  for  the  arrest  of  W.  H.  Steele, 
I  have  signed,  and  complied  promptly  with  its 
provisions. 

The  bill  creating  a  municipality,  to  be  called 
the  Municipality  of  Jackson,  I  have  signed,  be- 
lieving that  it  might  afford  convenience  to  the 
citizens ;  but,  at  the  same  time,  feel  satisfied  that 
both  that  and  the  jurisdiction  from  which  it  is 
taken,  will  by  that  separation  be  rendered  con- 
temptible in  numbers,  and  as  such  the  more 
heavily  burdened  with  municipal  taxes.  I  would 
recommend  to  your  honorable  body  that,  in 
future,  you  confine  yourselves  solely  within  the 
pale  of  the  duties  assigned  to  us. 

The  bills  creating  a  loan,  and  defining  the 
duties  of  our  commissioners,  I  have  signed ;  and 
wish  everything  done  for  their  immediate  dis- 
patch. I  have  seen  no  act  of  your  body  which 
has  made  any  allowance  for  their  outfit  or  ex- 
penses while  performing  their  various  and  re- 


134  LIFE  OF  HENRY  SMITH. 

sponsible  duties.  This  matter  has  certainly 
escaped  your  observation,  and  will,  I  hope,  be 
promptly  acted  on ;  and  that  you  will  place  such 
an  amount  at  their  disposition,  as  will  be  ample 
and  sufficient  to  comport  with  the  dignity  of  the 
station  and  duties  assigned  them. 

The  bills  appointing  the  Comptroller  and 
Treasurer  have  been  signed.  I  also  submit 
to  you  a  communication  from  Mr.  Oaldwell,  of 
Gonzales,  which  speaks  for  itself,  and  of  which 
you  will  make  the  proper  disposition. 

Everything  connected  with  the  dispatch  of 
our  commissioners  will,  I  hope,  meet  with  the 
earliest  possible  dispatch. 

All  of  which  I  transmit  to  your  honorable 
body  for  the  corresponding  effects. 

With  sentiments  &c.,  &c.,  I  am 

Your  obedient  servant, 
HENRY  SMITH, 

December  5,  1835.  Governor. 

The  bill  for  changing  the  manner  of  drawing 
drafts  on  the  treasury  was  passed  over  the  veto. 

On  December  7th  followed  this  brief  utter- 
ance showing  his  great  desire  to  forestall  the 
machinations  of  land  speculators : 

Gentlemen.—!  hasten  to  lay  before  your 
honorable  body  an  official  communication  from 


LIFE  OF  HENRY  SMITH.  185 

Dr.  S.  H.  Everitt,  one  of  our  commissioners  ap- 
pointed to  take  charge  of  the  archives  of  the 
land  office  of  the  department  of  Nacogdoches. 
You  will  see  by  his  communication  what  has 
been  done,  and  will  I  hope,  take  such  immediate 
steps  as  will  be  calculated  to  carry  the  decree 
into  effect  with  the  least  possible  delay.  I  make 
this  a  separate  communication,  touching  no  other 
subject  matter,  in  order  that  it  may  receive  the 
prompt  and  undivided  attention  of  your  body. 

With  due  respect  and  consideration, 
Your  obedient  servant, 
HENRY  SMITH, 

December  7,  1835  Governor. 

Another,  manifesting  the  Governor's  watch- 
ful care : 

Gentlemen. — I  hasten  to  lay  before  your 
honorable  body  a  communication  just  received 
from  the  commandant  at  Goliad.  The  docu- 
ments will  show  for  themselves,  and  you  will 
take  such  action  on  them  as  circumstances  shall 
direct.  The  express  carrier  is  in  waiting.  With 
sentiments,  &c. 

Your  obedient  servant, 
HENRY  SMITH, 

December  8,  1835.         •  Governor. 


136  LIFE  OF  HENEY  SMITH. 

And  another,  on  the  same  day,  evincing  his 
zeal  in  the  organization  of  an  army  under  the 
supervision  of  the  commander-in-chief  elected  by 
the  Consultation — thus  early  aligning  himself 
against  the  impending  anarchical  course  of  in- 
termedling  and  usurpation  of  the  council,  so 
fraught  with  demoralizing  tendencies. 

Gentlemen. — I  transmit  to  your  honorable 
body  the  copy  of  a  letter  received  in  my  depart- 
ment from  the  Commander-in-chief,  Gen.  Sam 
Houston.  Your  honorable  body  will  see  by  the 
tenor  of  his  communication,  the  reasons  and 
propriety  of  his  request.  And  seeing  myself  that 
delays  in  the  organization  of  the  army  would  be 
dangerous,  I  confidently  hope  that  everything 
consistent  with  your  duties  in  that  matter  will  be 
promptly  attended  to.  With  sentiments,  &c.,  &c. 
1  am,  gentlemen, 

Your  obedient  servant, 
HENRY  SMITH, 

December  8,  1835.  Governor. 

Here,  a  day  later,  is  another,  manifesting  his 
keen  insight  into  the  motives  of  men  and  his 
utter  want  of  faith  in  Mexican  military  chieftains, 
of  the  class  to  which  Gen.  Mexia  belonged ;  for 
he  was  thoroughly  assured  they  would  never 
consent  to  the  "Independence  of  Texas," 


LIFE  OF  HENRY  SMITH.  137 

object  most  dear  to  his  own  heart.  In  his  extreme 
sensitiveness  on  this  point  he  doubtless  suspected 
that  the  move  in  favor  of  co-operation  with 
Mexia,  was  to  strengthen  the  feeling  in  favor  of 
fighting  as  an  integral  part  of  Mexico,  under  the 
already  slaughtered  constitution  of  1824,  and 
thereby  repress  the  growing  feeling  in  favor  of 
absolute  independence,  in  favor  of  which  promi- 
nently stood  Governor  Smith,  Archer,  the  Whar 
tons  and  others. 

Gentlemen.— I  herewith  transmit  to  your 
honorable  body  the  following  bills,  which  I  have 
had  under  consideration,  The  one  authorizing 
persons  to  be  appointed  to  make  provision  for 
General  Mexia,  &c.,  as  it  stands,  I  cannot  approve, 
for  the  following  reasons  : 

First.  I  have  no  confidence  in  General 
Mexia's  co-operating  in  the  smallest  degree  in  our 
favor.  That  his  intention  to  make  a  descent  on 
the  sea  ports  forest  of  us  is  for  the  purpose  of 
robbing,  to  recuperate  his  own  desperate  fortune, 
I  have  no  doubt ;  but  can  see  no  possible  advan- 
tage he  wT>uld  be  to  Texas.  What  his  designs  or 
intentions  really  are,  I  have  no  right  to  know ; 
but  really  think  it  Would  be  unwise  to  run  this 
government  to  the  expense  necessary  to  fit  him 
out,  without  having  any  guarantee  or  control 


138  LIFE  OF  HENRY  SMITH. 

over  him  or  his  conduct,  Furthermore,  as  the 
bill  runs,  it  would  seem  the  outfit  would  be  made 
before  this  government  would  be  advised  of  his 
plans.  Besides,  I  consider  it  bad  policy  to  fit 
out,  or  trust  Mexicans  in  any  matter  connected 
with  our  government;  as  I  am  well  satisfied 
that  we  will  in  the  end  find  them  inimical  and 
treacherous. 

For  these,  and  many  other  reasons  not  enu- 
merated,  I  cannot  sign  the  bill.      Three  other 
bills  which  I  have  also  transmitted  to  you,  I  have 
approved.     With  sentiments  &c.,  I  am 
Your  obedient  servant 

HENRY  SMITH, 

December  9,  1835.  Governor. 

On  the  10th  of  December,  following  the  wise 
message  of  Governor  Smith  of  the  previous  day, 
the  Council  passed  the  following  extraordinary 
resolution,  utterly  ignoring  the  prerogatives  of 
the  Governor  and  the  Commander-in-chief. 

Whereas,  The  Provisional  Government  of 
Texas,  have  received  information  of  which  there 
is  no  doubt,  that  the  enemy  have  large  reinforce- 
ments on  the  road  to  our  frontiers,  with  whom 
there  is  $10,000  in  money,  and  if  the  same  is  not 
cut  off,  or  prevented  from  uniting  with  the  forces 


LIFE  OF  HENRY  SMITH.  139 

now  at  Bexar,  our  small  but  patriotic  army 
will  be  compelled  to  retire,  being  overpowered  by 
four  times  their  number :  Therefore,  be  it  re- 
solved by  the  General  Council  of  the  Provisional 
Government  of  Texas :  That  General  Mexia  be, 
and  he  is  hereby  invited,  together  with  the  brave 
officers  and  men  under  his  command,  to  repair 
immediately  to  Bexar  by  the  way  of  Goliad,  and 
there  co-operate  with  the  volunteer  army  of  the 
people. 

Resolved,  That  an  express  be  dispatched  im- 
mediately to  General  Mexia,  at  Velasco,  with  a 
copy  of  this  resolution. 

Resolved,  That  the  services  of  Col.  Power  be 
accepted,  and  that  he  be  requested  to  repair 
immediately  to  Velasco,  or  any  other  point,  and 
wait  on  Gen.  Mexia  with  a  copy  of  the  resolution 
passed  this  day,  requesting  Gen  Mexia  to  proceed 
to  Bexar  and  to  accompany  the  expedition  and 
extend  all  the  aid  in  his  power,  with  authority  to 
draw  on  this  government  for  any  amount  of 
money  necessary  in  forwarding  the  objects  of 
said  resolution. 

It  is  a  sufficient  answer  to  this  unfortunate 
and  disorganizing  gauntlet  cast  by  the  Council 
in  the  face  of  the  Governor,  to  say :  That  Gen. 
Mexia  did  not  go  to  Bexar  to  co-operate  in  the 


140  LIFE  OF  HENRY  SMITH. 

reduction  of  that  place,  but  sailed  down  the  coast 
and  made  a  worse  than  quixotic  night  landing  at 
Tampico,  from  which  he  made  a  speedy  and 
inglorious  retreat  to  his  vessel,  leaving  twenty 
seven  of  his  American  dupes  prisoners  in  the 
hands  of  the  enemy,  to  be  shot  as  so  many  wild 
beasts  a  few  days  lafcer.  Secondly,  that  the  Mex- 
ican re-inforcements  had  already  entered  Bexar, 
under  Ugartechea;  yet  our  brave  volunteers 
were  not  (as  the  Council  predicted)  "compelled  to 
retire,"  but  on  the  very  day  on  which  the  doleful 
resolution  was  adopted  compelled  the  surrender 
of  Cos  and  the  entire  Mexican  army  in  Bexar. 

On  the  10th  of  December  the  Council  passed 
an  ordinance  providing  for  an  election  through- 
out Texas,  to  be  held  on  the  first  of  February, 
1836,  for  delegates  to  a  convention,  to  be  clothed 
with  plenary  powers,  and  to  assemble  in  Washing- 
ton on  the  first  day  of  March— resulting  in  that 
noble  assemblage  which  declared  Texas  to  be  an 
Independent  Republic,  •  the  object  most  dear  to 
the  heart  of  Governor  Smith ;  but  the  ordinance 
allowed  "all  free  white  men  and  Mexicans  op- 
posed to  a  Central  Government"  to  vote.  To  this 
latter  clause  the  ever  vigilant  governor  objected 
in  the  following  terse  style,  which  subsequent 
events  fully  justified : 


LIFE  OF  HENEY  SMITH.  141 

Gentlemen. — I  transmit  to  your  body  various 
bills  which  I  have  considered  and  signed.  The 
one  with  resolutions  requiring  me  to  communi- 
cate with  the  committee  at  the  city  of  Mobile,  for 
the  purposes  therein  named,  I  have  not  as  yet 
complied  with,  nor  am  I  at  present  in  a  situation 
to  do  so  promptly,  as  my  health  is  bad,  and  njy 
situation  quite  uncomfortable,  but  hope  in  a  few 
days  to  be  better  situated  to  discharge  the  func- 
tions of  my  office.  1  have  signed  the  revenue, 
postoffice  and  many  other  bills  and  resolutions  of 
minor  importance,  all  of  which  I  transmit  to  you 
with  one  to  call  the  convention,  not  approved, 
in  as  much  as  I  consider  it  in  some  decree  ex- 
ceptionable. 

My  objections  are  confined  to  the  third  and 
fourth  articles/  and  are  these :  That  the  Mexican 
population  within  our  limits,  particularly  where 
they  are  unmixed  with  other  population,  could 
not  properly  be  tested,  at  an  election,  to  know 
whether  they  were  in  favor  of  centralism  or  not 
— that  being  made  the  touch -stone  for  eligibility. 
Under  existing  circumstances,  I  consider  one  fact 
plain  and  evident;  that  they  who  are  not  for  us, 
must  be  against  us.  In  my  own  opinion  they 
should  be  so  considered  and  treated.  Actions 
always  speak  louder  than  words;  and  a  very 


142  LIFE  OF  HENRY  SMITH. 

great  proportion  of  the  inhabitants  of  Bexar 
afford  fair  examples.  They  have  had,  it  is  well 
known,  every  opportunity  to  evince  their  friend- 
ship by  joining  our  standard.  With  very  few 
exceptions  they  have  not  done  so,  which  is  evi- 
dence, strong  and  conclusive,  that  they  are  really 
our  enemies.  In  many  instances  they  have  been 

-f 

known  to  fight  against  us.  I  therefore  consider 
that  they  should  neither  be  entitled  to  our  respect 
or  favor;  and  as  such,  not  entitled  to  a  seat  in 
our  councils.  As  it  respects  the  other  Mexican 
jurisdictions  that  are  intermixed  with  our  own 
population,  whei:e  the  touch-stone  could  be  more 
properly  applied — it  would  be  different.  I,  there- 
fore,  hope  you  will  reconsider  the  bill,  and  make 
the  alterations  suggested;  as  I  consider  the  ob- 
jections reasonable  and  justly  founded.  I  am 

Your  obedient  servant, 

HENRY  SMITH, 
December  12,  1835.  Governor. 

Governor  Smith  well  understood  and  thor- 
oughly believed  that  though  Mexicans  might 
profess  opposition  to  a  Centralized  Government, 
they  would'  never  consent  to  a  separation  from 
Mexico  on  the  basis  of  Texian  Independence.  A 
majority  t)f  the  Council,  however,  were  in  favor 
of  the  delusion  of  fighting  under  the  now  defunct 


LIFE  OF  HENRY  SMITH.  143 

constitution  of  1824,  as  a  State,  or  quasi  State  of 
the  Mexican  "nation,"  for  "federation"  it  had 
ceased  to  be  under  the  overwhelming  domination 
of  Santa  Anna  and  his  minions.  On  the  13th, 
therefore,  they  passed  it  over  the  warning  voice 
of  the  Governor. 

On  the  llth  of  December  the  Council  adopted 
an  address  to  the  Mexican  people,  based  on  the 
preposterous  idea  that  there  still  existed  a  pow- 
erful organized  opposition  to  the  despotic  Cen- 
tralized government  in  that  country— an  assump- 
tion without  any  real  foundation,  after  the 
annihilation  of  the  liberal  army  of  Zacatecas,  by 
Santa  Anna  during  the  preceding  spring.  Later, 
in  the  summer,  this  was  followed  by  the  disper- 
sion and  captivity  of  the  officers  of  the  State 
Government  of  Coahuila  and  Texas,  at  Monclova, 
by  the  military  minions  of  Santa  Anna.  Gov- 
ernor Viesca  had  escaped  from  the  military  and 
fled  into  Texas,  and  when  this  address  was  sent 
forth  to  the  Mexican  people,  the  armies  of  Santa 
Anna  held  undisputed  sway  over  the  whole  of 
Mexico  beyond  the  population  of  Texas.  In  view 
of  the  actual  condition  of  things,  this  address, 
pledging  themselves  to  co-operate  with  the  Liberal 
or  Federal  party  of  Mexico,  and  to  continue  as  a 
State  of  the  Mexican  confederation,  seems 


144  UFE  OF  HENRY  SMITH. 

farcical.  At  that  very  moment  Santa  Anna  was 
organizing  a  powerful  army  for  the  invasion  and 
subjugation  of  Texas  to  his  will — vowing  to  drive 
from  the  country  or  exterminate  all  who  might 
refuse  to  obey  or  oppose  his  despotic  designs. 

On  the  same  day  the  Council  very  properly 
adopted  a  resolution  complimentary  to  Gen. 
Austin,  on  the  eve  of  his  intended  departure  as 
one  of  th,e  three  agents  to  the  United  States. 

In  acknowledging  the  reception  of  this  resolu- 
tion, on  the  same  day,  Gen.  Austin,  among  other 
things,  said:  UI  must  take  this  occasion  to 
express  my  thanks  for  the  measures  lately  adopt- 
ed, to  sustain  the  volunteer  army  in  the  field, 
and  also  for  the  aid  which  has  been  given  to  the 
native  Mexican  forces  of  the  Federal  party,  in 
conformity  with  the  second  article  of  the  declara- 
tion of  the  7th  of  November." 

It  will  be  seen,  by  his  Quintana  letter  of 
December  22nd,  to  appear  in  its  proper  place 
farther  on,  what  the  position  of  Gen.  Austin  was 
as  between  the  attempt  to  form  a  separate  State 
of  the  Mexicau  nation,  independent  of  Coahuila, 
on  the  one  hand,  and  an  absolute  Declaration  of 
Independence  as  a  Republic,  on  the  other.  That 
he  was  in  favor  of  the  former  and  opposed  to  the 
latter,  in  view  of  his  Quintana  letter  and  other 


LIFE  OF  HENRY  SMITH.  145 

utterances,  is  absolutely  certain.  But  that  on 
visiting  New  Orleans  and  realizing  the  powerful 
interest  awakened  in  the  United  States  in  behalf 
of  Texas,  very  largely  contingent  upon  her  entire 
separation  from  Mexico,  he  changed  his  views 
and  thence  forward  became  an  earnest  advocate 
of  independence,  is  equally  true,  as  will  be  seen 
by  his  New  Orleans  letter  to  General  Houston  of 
the  7th  of  January,  only  sixteen  days  after  the 
Quintana  letter  was  written. 

Complaints  arose  against  the  governor  for 
delay  in  printing  the  decrees  of  the  Council.  On 
this  point,  December  14th,  the  following  report 
was  made : 

Your  committee  respectfully  report  that  they 
waited  on  the  governor,  whose  duty  it  was  made 
by  an  ordinance  to  have  the  printing  done,  who 
says  that  he  has  deferred  the  printing  of  the 
ordinances  until  the  acts  of  the  Consultation 
were  published,  that  the  ordinances  might  follow 
in  regular  order,  and  show  upon  what  they 
were  based;  and  that  for  want  of  men  and 
money  the  proper  means  within  his  power  or 
control,  the  prisoners  have  not  been  removed 

to  San  Augustine. 

WM.  MENEFEE,  Chairman. 


146  LIFE  OF  HENRY  SMITH. 

Gentlemen. — I  herewith  transmit  to  your 
body  various  communications  from  Col.  Mexia, 
which  will  show  for  themselves.  I  also  transmit 
at  the  same  time  a  communication  with  the 
proceedings  of  the  committee  of  the  precinct  or 
district  of  Sabine,  which  you  will  please  examine 
and  take  such  action  on  it  as  its  nature  or  circum- 
stances may  require, 

Your  obedient  servant, 

HENRY  SMITH, 

December  14,  1835.  Governor. 

Here  follows  another  characteristic  commu- 
nication : 

Gentlemen. — I  herewith  transmit  to  you  the 
following  bills  with  my  approval  and  signature  : 
One  requiring  the  commander-in-chief  to  move 
his  headquarters  to  Washington;  one  settling  the 
mode  by  which  officers  of  the  army  receive  their 
grade,  when  difficulties  on  that  account  should 
present  themselves ;  one  appointing  a  postmaster- 
general  and  other  officers;  one  requesting  the 
commander  at  Goliad  to  afford  assistance,  &c; 
one  for  calling  a  convention ;  and  one  for  creating 
the  Municipality  of  Sabine.  Two  1  have  returned 
without  my  signature  for  the  following  reasons  : 
The  one  requiring  of  me  a  transcript  of  the  in- 
structions extended  to  our  foreign  agents,  and 


LIFE  OF  HENRY  SMITH.  147 

also  the  correspondence  had  with  Gen.  Burleson, 
and  other  officers.  These,  to  which  you  allude, 
are  all  spread  on  the  record  in  my  Secretary's 
office,  and  subject  at  all  times  to  the  perusal  of 
your  body ;  and  inasmuch  as  I  have  but  one  Sec- 
retary belonging  to  my  department,  whose  duties 
are  arduous,  and  as  such  could  illy  spare  the  time 
to  make  those  transcripts,  must  beg  the  favor  of 
your  body  to  send  one  of  your  own  clerks  for 
that  purpose.  The  other  is  an  appropriation 
bill  in  favor  of  McLaughlin  for  the  sum  of 
twenty-five  dollars.  I  have 'only  to  say  to  your 
body,  whatever  the  facts  of  the  case  may  be,  I 
am  bound  to  presume  that  this  bill  was  sent  to 
my  office  through  mistake,  for  it  is  evident,  as 
the  law  now  stands,  that  this  bill,  or  any  other 
appropriation  bill,  must  originate  with  the  com- 
mittee on  finance,  whose  privilege  it  is  to  originate 
appropriations  and  check  on  the  Treasury  for 
the  amount,  and  have  the  same  entered  on  the 
journals  of  your  body.  As  such  my  office  is  rid  of 
the  trouble  of  keeping  any  record  pertaining  to 
the  originating,  appropriations  or  making  drafts 
on  the  treasury.  There  seems  to  me  no  propriety 
in  sending  the  bill  up  to  me  when  the  authority 
to  act  is  withdrawn  from  my  department. 


148  LIFE  OF  HENRY  SMITH. 

Therefore,  for  the  sake  of  consistency,  if  for  no 
other  reason,  I  return  the  bill. 

Your  obedient  servant, 
HENRY  SMITH, 

December  15,  1835.  Governor. 

The  inflexible  integrity  of  Governor  Smith  — 
his  keen  sense  of  right  and  honesty  and  his  re- 
pugnance to  dishonesty — is  made  manifest  in  this 
communication  to  the  Council : 

SAN  FELIPE,  December  16,  1835. 

Gentlemen. — I  herewith  transmit  for  your 
information  documents  received  from  various 
persons,  touching  a  wrecked  vessel  near  the  port 
of  Matagorda.  That  the  unfortunate  should 
receive  the  treatment  as  indicated  in  those  com- 
munications, is  truly  to  be  lamented,  and,  if 
possible,  should  be  remedied.  If,  however,  your 
body  should  not  consider  it  in  their  power  to 
reach  the  present  case,  but  leave  it  for  the  inves- 
tigation of  the  constituted  authorities,  it  would 
at  least  be  well  to  take  the  precaution  to  prevent 
in  some  efficient  manner  a  recurrence  of  similar 
conduct.  Our  sea  coast,  for  years,  has  produced 
nothing  but  a  scene  of  fraud,  corruption  and 
piracies,  to  the  unfortunates  who,  either  by  mis- 
fortune or  design,  have  been  driven  upon  our 
shores.  So  well  have  we  already  established  our 


LIFE  OF  HENRY  SMITH.  149 

character  abroad  for  having  a  piratical  sea  coast, 
that  it  is  with  difficulty  insurances  can  be  effected 
and  always  at  an  unusually  high  rate,  and  fre- 
quently not  at  all.  This  state  of  things  has 
grown  entirely  out  of  our  disorganized  situation, 
not  having  the  proper  laws  enacted  to  restrain 
the  vice. 

I  confidently  hope  that  your  honorable  body 
will  take  this  matter  into  consideration,  and  pass 
such  laws  as  will  prevent  a  recurrence  of  these 
evils,  by  making  it  highly  criminal  in  any  person 
who  will  either  embezzle  or  attempt  to  defraud 
the  unfortunate  by  an  unlawful  seizure  or  sale  of 
their  property.  They  have  very  appropriately 
been  termed  the  "bone-pickers,"  who  are  eagle- 
eyed,  ever  hovering  round  to  pounce  upon  their 
unfortunate  prey.  It  is  now  high  time  that 
Texas  should  retrieve  her  character  in  that  re- 
spect, by  passing  laws  for  the  protection  of 
wrecked  property,  whether  found  immediately  at 
the  wreck,  or  elsewhere  on  the  sea  coast;  and 
designating  the  means  by  which  salvage  should 
be  adjuged  and  settled,  and  that  a  proper  disposi- 
tion be  made  of  the  balance  for  the  benefit  of 
whom  it  might  concern. 

Having  lived,  since  my  first  settlement  in  the 
country,  contiguous  to  the  sea  coast,  and  fre- 


150  LIFE  OF  HENRY  SMITH. 

quently  been  called  upon,  in  an  official  capacity, 
to  extend  protests  and  other  documents  relative  to 
wrecked  vessels,  I  am  well  aware  of  the  intrigue, 
management,  and  downright  roguery  which  has 
universally  been  practiced  by  the  unprincipled 
speculators,  and  always  to  the  great  injury,  and 
frequently  total  ruin  of  the  unfortunate,  without 
having  it  in  my  power  to  remedy  the  evil ;  which 
makes  me  now  the  more  solicitous  that  your 
honorable  body  give  the  subject  that  attention 
which  it  justly  merits. 

I  am,  gentlemen, 
Your  obedient  servant, 

HENRY  SMITH,  Governor. 
On  the  If  th  Mr.  James  Power  returned  from 
his  mission'  to  General  Mexia  and  reported  : 

I  have  called  upon  Gen.  Mexia  at  Columbia. 
He  has  declined  to  go  to  Bexar  to  join  our  people. 
His  object  is  to  go  to  Copano  to  join  with  the  two 
hundred  Mexicans  who  are  at  Palo  Blanco,  and 
from  thence  take  Matamoros  if  possible.  Mr. 
Fisher,  who  is  acting  Secretary  to  the  General, 
said  to  me  that  he  could  not  place  his  military 
character  at  stake  by  accepting  a  command  under 
the  Provisional  Government  of  Texas,  as  Mr. 
Viesca  is  not  Governor.  I  further  understood 
that  Gen.  Mexia  will  be  here  in  a  short  time,  with 


LIFE  OF  HENRY  SMITH.  151 

a  view  of  seeing  the  Governor,  and  Council,  in 
hope  that  they  will  place  armed  vessels  to  block- 
ade the  ports  of  Vera  Cruz  and  Tampico,  and 
order  all  vessels  bound  for  said  ports  to  Mata- 
moros,  w^here  they  can  discharge  their  cargo,  as 
there  seems  to  be  no  doubt  of  the  latter  port 
falling  into  the  hands  of  the  Liberal  party.  Mr. 
Fisher  further  stated  that  he  was  bearer  of  dis- 
patches to  Gen.  Mexia,  that  in  February  next 
there  is  a  general  plan  of  revolutionizing  all  over 
Mexico.  Under  these  circumstances  I  thought 
it  most  prudent  to  return  and  inform  the  council 
and  subject  myself  to  their  further  orders  on  this 
subject.  JAMES  POWER. 

This  report  was  a  striking  verification  of  the 
views  of  Governor  Smith,  that  they  had  nothing 
to  hope  from  Mexican  co-operation  -^that  men 
and  leaders  like  Mexia  were  incited  solely  by 
civil  dissentions— a  desire  for  place,  power  and 
plunder— and  never  would  aid  Texas  in  her  aspi- 
rations for  real  liberty. 

On  December  llth  the  council  adopted  a 
resolution  providing  for  the  election  by  itself  of  a 
"judge  advocate  general  for  the  armies  of  Texas, 
with  the  rank,  pay  and  enrolments  of  colonel  in 
the  line,"  &c.  On  the  same  day,  in  secret  session, 
(which,  by  the  way,  was  a  mode  of  proceeding 


152  LIFE  OF  HENRY  SMITH. 

too  often  resorted  to  by  that  body,)  they  proceeded 
to  the  election  of  numerous  officers,  both  civil  and 
military,  after  which  the  injunction  of  secrecy 
was  removed  and  the  result  became  public. 
Among  other  positions  so  filled,  Edward  Gritton 
was  elected  collector  of  the  port  of  Copino ;  but 
the  most  remarkable  action  was  in  the  election 
of  Mr.  Don  Carlos  Barrett,  a  member  of  their 
own  body,  to  the  office  of  judge  advocate  general, 
the  ink  recording  the  creation  of  which  was  not 
dry. 

This  action,  combined  with  the  action  of  the 
council  in  fostering  the  myth  known  as  the  Fed  • 
eral  party  of  Mexico,  in  face  of  the  rapid  change 
everywhere  apparent  as  in  progress  in  favor  of 
an  absolute  separation  from  Mexico,  as  the  only 
hope  of  political  salvation,  seems  to  have  so  in- 
censed Governor  Smith  as  to  lead  him  into  the 
use  of  severe  expletives.  On  the  1 7th  he  trans- 
mitted the  following  communication  to  the 
council : 

Gentlemen. — Your  list  of  the  names  of  various 
persons  elected  by  your  body  to  fill  the  different 
offices  therein  named  has  received  my  considera- 
tion. With  most  of  the  persons  elected  I  have  no 
acquaintance,  but  feel  bound  to  presume  that  inas- 
much as  you  are  the  guardians  of  the  people, 


LIFE  OF  HENRY  SMITH.  153 

you  feel  the  responsibility  of  the  trust  reposed, 
and  would  not  confer  an  appointment  of  either 
honor,  trust  or  profit  on  any  man  either  un- 
worthy or  incapable  of  performing  the  functions 
of  his  office. 

Just  emerging,  as  it  were,  from  chaos,  and 
assuming  something  like  an  organized  form  of 
government,  we  should  be  extremely  cautious 
and  fill  our  offices,  both  civil  and  military,  with 
men  who  are  honest  and  capable  and  who  love 
virtue  for  her  sake  alone.  To  such  men  I  would 
extend  commissions  with  a  satisfaction  which 
can  be  much  better  felt  than  expressed.  When, 
however,  nominations  are  returned  by  your 
body  of  individuals  within  my  own  knowledge 
who  are  to  receive  commissions  at  my  hands  to 
fill  high,  honorable  and  important  stations,  who 
have  either  by  design  or  otherwise  been  imposed 
upon  you,  it  is  a  duty  Which  I  owe  to  you,  myself 
and  my  constituents  to  notify  you  of  your  error 

Ever  feeling  the  weight  of  responsibility- 
placed  upon  me  by  the  suffrages  of  the  people- 
as  guardian  of  their  rights,  however  unpleasant 
or  painful  the  task,  sheer  justice  shall  be  admin- 
istered  to  the  best  of  my  abilities,  without  favor 
or  affection.      Having  thus  premised,  I  beg  the 
favor  of  your  honorable  body  to  reconsider  two 


154  LIFE  OF  HENRY  SMITH. 

of  the  appointments  contained  in  your  list,  and 
strike  out  the  names  of  Edward  Gritton  and  D. 
C.  Barrett,  and  let  others  be  substituted  ir*  their 
stead.  I  nevej  can  extend  to  them  commissions, 
unless  compelled  by  a  constitutional  majority  of 
your  body,  for  the  reasons  which  follow :  First' 
of  Mr.  Gritton,  as  Collector  of  Eevenue  of  the 
port  of  Copano.  It  is  well  known  that  Mr. 
Gritton  first  made  his  appearance  in  Texas  as 
Secretary  of  Col.  Almonte,  who  was  an  avowed 
spy  upon  us  under  the  orders  of  Santa  Anna ;  an 
Englishman  by  birth  and  a  Mexican  by  adoption 
and  long  residence;  allied  to  our  enemies  by 
affinity  and  commerce,  he  has  not  joined  our 
army  and  I  have  ever  considered  him  a  spy 
upon  us. 

It  must  be  evident  that  we  have  good,  honest 
and  capable  men  whose  interests  identify  them 
with  the  country  and  whose  characters  are  above 
suspicion,  and  I  confidently  hope  your  honorable 
body  will  make  another  selection. 

Respecting  Mr.  D.  C.  Barrett,  I  regret  ex- 
tremely that  it  is  my  disagreeable  and  painful 
though  bounden  duty  to  object  to  his  appoint- 
ment as  "Judge  Advocate  General  of  all  the 
armies  of  Texas,  with  the  rank  and  pay  of  Colonel 
in  the  line." 


LIFE  OF  HENRY  SMITH.  155 

I  object,  in  the  first  place,  because  the  office 
is  new  and  unheard  of  in  the  country.  And 
secondly,  I  am  bound  to  prefer  against  Mr.  Bar- 
rett the  following  specification  of  charges : 

Here  followed  six  charges  which  were,  if 
true,  of  too  grave  a  character  to  justify  the  depo- 
sition of  official  power  in  the  hands  of  Mr.  Bar- 
rett, and  the  governor  asserted  that  they  could  be 
sustained. 

The  council,  however,  after  considerable  dis- 
cussion, in  secret  session,  on  December  25th 
adopted  antagonizing  resolutions  as  will  be  seen 
farther  on. 

Notwithstanding  this  discourteous  action, 
(refusing  to  spread  the  message  on  the  journals,) 
the  impropriety  and  evil  tendency  of  the  resolu- 
tion creating  an  important  office  and  filling  it 
with  a  member  of  their  own  body— especially 
with  one  who  was  antagonizing  the  growing 
sentiment  in  favor  of  independence — of  which 
Governor  Smith  was  the  champion — was  so  potent, 
that  Mr.  Power  introduced,  on  the  same  day 
that  Governor  Smith's  remonstrating  message 
was  presented,  the  following  resolution : 

Resolved,  That  no  member  of  this  council 
shall  be  eligible  to  any  office  created  by  it  while 


156  LIFE  OF  HENRY  SMITH. 

a  member  of  the  council,  nor  for  three  months 
after  he  vacates  his  seat  as  a  member. 

This  resolution,  of  course,  was  not  adopted 
by  the  majority  who  had  just  violated  its  wise 
and  salutary  principle,  but  "was  read  and  or- 
dered to  lie  upon  the  table." 

And  on  the  same  day  the  following : 

Gentlemen. — I  herewith  transmit  to  you  the 
official  report  of  the  capitulation  of  the  enemy's 
forces  at  Bexar,  of  which  rumor  has  some  time 
since  reached  you.  I  send  you  this  correspond- 
ence, not  only  because  it  is  due  to  you,  but  with 
a  request  that  you  investigate  it,  and  as  soon  as 
possible  that  your  body  will  be  good  enough  to 
make  from  the  whole  a  succinct  official  report 
for  the  public  eye  as  you  may  deem  expedient 
and  best  calculated  to  be  circulated  in  hand-bill 
form,  in  order  that  it  be  published  and  circulated 
immediately.  I  am,  gentlemen, 

Your  obedient  servant, 
HENRY  SMITH, 

December  17,  1835  Governor. 

The  following  message  shows  with  what 
keen  watchfulness  Governor  Smith  presided 
over  the  new  government. 

SAN  FELIPE,  December  18,  1835. 
Gentlemen  of  the  Council: 

I  herewith  transmit  to  your  body  a  commu- 


LIFE  OF  HENRY  SMITH.  157 

nication  received  from  the  commander-in-chief 
of  the  army,  (Gen.  Sam  Houston,)  in  which  he 
complains  of  delays  on  your  part,  in  making  the 
necessary  appropriations  for  the  recruiting  ser- 
vice. It  must  be  obvious  to  all  that  every  thing- 
connected  with  the  speedy  organization  of  the 
army  should  be  attended  to  as  speedily  as  possible ; 
and  that  no  obstacle  should  be  thrown  in  the 
way,  in  the  least  calculated  to  retard  that  object, 
which  is  so  essentially  necessary  to  the  protection 
of  the  country.  I,  therefore,  confidently  hope 
that  your  body  will  immediately  consider  the 
matter,  and  make  such  appropriation  as  will  be 
ample  and  sufficient  for  that  service,  and  place  it 
under  such  restrictions  and  securities  as  will  be 
calculated  in  all  cases  to  secure  the  government 
from  fraud  or  imposition,  And  by  no  means 
permit  any  barrier  to  remain  in  the  least  calcu- 
lated to  retard  or  discourage  the  recruiting  ser- 
vice, on  which  so  much  depends. 

I  further  have  to  suggest  to  you  the  propriety 
of  appointing  the  commissioners  on  the  part  of 
this  government  to  carry  into  effect  the  Indian 
treaty,  as  contemplated  by  the  convention.  I 
can  see  no  difficulty  which  can  reasonably  occur . 
in  the  appointment  or  selecting  the  proper  agents 


158  LIFE  OF  HENRY  SMITH. 

on  our  part,  having  so  many  examples  and  pre- 
cedents before  us.  The  United  States  have 
universally  sent  their  most  distinguished  military 
officers  to  perform  such  duties;  because  the 
Indians  generally  look  up  to,  and  respect  their 
authority  as  coercive  and  paramount.  I  would, 
therefore,  suggest  the  propriety  of  appointing 
Gen.  Sam  Houston,  of  the  army,  and  Col. 
John  Forbes,  of  Nacogdoches,  who  has  been 
already  commissioned  as  one  of  my  aids. 
These  commissioners  would  go  specially  •  in- 
structed, so  that  no  wrong  could  be  committed, 
either  to  the  government,  the  Indians,  or  our 
individual  citizens.  All  legitimate  rights  would 
be  respected,  and  no  others.  I  am  well  aware 
that  we  have  no  right  to  transcend  the  superior 
order  and  declaration  made  by  the  convention ; 
that  we  must  keep  strictly  within  the  purview  of 
that  article,  and,  if  I  recollect  that  article  right, 
the  outline  or  external  boundaries  were  demarked 
within  which  the  Indian  tribes  alluded  to  should 
be  located;  but  at  the  same  time  paying  due 
regard  to  the  legitimate  locations  of  our  own 
citizens  within  the  same  limits.  If  those  Indians 
have  introduced  themselves  in  good  faith  under 
the  colonization  laws  of  the  government,  they 
should  be  entitled  to  the  benefits  of  those  laws 


LIFE  OF  HENRY  SMITH.  159 

and  comply  with  their  conditions.  I  deem  it  a 
duty  which  we  owe  to  them  to  pay  all  due  respect 
to  their  rights,  and  claim  their  co-operation  in  the 
support  of  them— and  at  the  same  time  not 
infringe  the  rights  of  our  own  countrymen,  so  far 
as  they  have  been  justly  founded.  These  agents, 
going  under  proper  instructions,  would  be  ena^ 
bled  to  do  right,  but  not  permitted  to  do  wrong, 
as  their  negotiation  would  be  subject  to  investi- 
gation and  ratification  by  the  government,  before 
it  would  become  a  law.  I  am,  gentlemen, 

Your  obedient  servant, 
HENRY  SMITH, 

Governor. 
SURRENDER  OF  BEXAR. 

Mr.  Barrett  then  offered  the  following  reso- 
lution, which  was  adopted : 

Resolved,  That  the  General  Council  feel 
that  no  better  or  more  suitable  report  can  be 
made  to  the  people  of  Texas  and  to  the  world  of 
the  brilliant  storming  and  taking  of  Bexar  than 
that  contained  in  the  report  of  the  brave  officers 
who  have  communicated  their  achievements  to 
the  Provisional  Government,  and  that  the  same 
be  given  to  the  printer  for  publication,  and  five 
hundred  copies,  in  hand  bill  form,  be  printed  as 
soon  as  possible. 


160  LIFE  OF  HENRY  SMITH. 

Notwithstanding  the  resolution  just  quoted, 
the  keen  eye  of  the  governor  seems  to  have  dis- 
covered a  tendency  towards  anarchy,  as  will  be 
seen  by  the  following  of  the  same  date : 

Gentlemen. — I  herewith  transmit  to  your  body 
two  appointments  which  purport  to  have  been 
made  by  the  commander-in-chief  of  the  volunteer 
army  at  Bexar.  I  lay  them  before  you  by  special 
request,  well  knowing  that  you  understand  your 
duties  in  that  particular,  and  as  such  will  appre- 
ciate those  appointments  in  a  proper  manner. 
The  campaign  against  Bexar  seems  to  have  ter- 
minated by  capitulation.  It  is  now  time  for  the 
government  to  bring  everything  under  its  own 
proper  control,  and  pursue  the  organic  system  in 
place  of  confusion  or  desultory  warfare.  This 
alone  can  cure  evils  which  necesstious  precipi- 
tancy has  thrown  in  upon  us.  That  this  newly 
framed  organization,  springing  from  the  midst  of 
anarchy  and  confusion,  could  be  sustained  with- 
out encountering  difficulties,  could  not  be  ex- 
pected. Restless,  disorganizing  spirits  are,  and 
ever  have  been,  busy,  both  in  the  camp  and  at 
home,  with  their  vile  intrigues  and  machinations, 
to  sap  the  very  foundation  of  all  our  hopes. 
Your  honorable  body  can  not  be  so  blind  as  not 
to  discover  their  base  purposes.  I  now  warn 


LIFE  OF  HENRY  SMITH.  161 

you  to  place  on  them  the  mark  of  Cain,  as  an 
assurance  that  their  merited  fate  awaits  them. 
I  have  previously  admonished  you  that  no  com- 
mon duties  devolved  upon  you;  that  a  bold, 
determined  stand  on  your  part  was  necessary  to 
the  preservation  of  the  country.  The  foundation 
already  laid  must  be  sustained,  and  the  fabric 
reared  upon  it.  It  is  for  you,  then,  who  have 
been  entrusted  with  the  charge,  to  aid,  by  your 
indefatigable  perseverance,  to  complete  the  build- 
ing. There  is  virtue  in  the  people,  and  they  will 
sustain  you.  I  am,  gentlemen, 

Your  obedient  servant, 
HENRY  SMITH, 

December  18,  1835.  Governor. 

The  Governor  was  sustained  in  his  opposition 
to  this  irregular  mode  of  appointments,  by  a 
report  from  the  committee  on  military  affairs. 

On  the  25th  of  December  the  council  finally 
adopted  the  following  resolutions,  responsive  to 
the  governor's  message  of  the  17th  : 

Resolved  by  the  General  Council,  That  this 
Council  doe?  not  recognize  or  acknowledge 
any  power  in  the  executive  branch  of  said 
government,  to  object  to,  or  veto  appointments 
to  office  made  by  this  council.  That  the  appoint- 
ing power  is  exclusively  with  the  council,  and 


162  LIFE  OF  HENRY  SMITH. 

the  commissioning  is  the  duty  of  the  governor, 
consequent  upon  his  office ;  and  even  if  otherwise, 
the  veto  as  returned  upon  the  list  of  officers 
appointed  by  this  council  dated  on  the  1 1th  inst , 
was  not  returned  within  the  three  days  prescribed 
by  the  ordinance  and  decree  declaring  the  mode 
of  passing,  signing  and  publishing  the  ordinances, 
decrees  and  resolutions  of  the  Provisional  Gov- 
ernment of  TexaSv  The  list  of  officers  appointed 
was  sent  to  the  executive  officer  the  12th  of  De- 
cember and  returned  December  1 7th. 

2nd.  Resolved,  That  by  the  llth  article  of 
the  Organic  law,  this  council  can  only  consider 
charges  and  specifications  preferred  against  a 
member  of  this  council,  for  malfeasance  or  mis- 
conduct in  office. 

3rd.  Resolved,  That  the  charges  of  this  char- 
acter preferred  by  the  governor  in  his  message  of 
the  1 7th  inst.  against  Messrs.  Grittonand  Barrett, 
the  General  Council  repel,  as  being  untrue,  and 
the  other  charges  are  not  a  subject  matter  proper 
to  be  investigated  by  this  council,  according  to 
the  aforesaid  article  of  the  Organic  law. 

4th,  Resolved,  That  the  governor  be,  and 
he  is  hereby  requested,  to  issue  commissions 
forthwith,  to  the  persons  named  in  the  certified 


LIFE  OF  HENRY  SMITH.  163 

list  of  the  persons  eelcted  under  date  of  the  llth 
instant.' 

5th.  Resolved,  That  the  governor  be  fur- 
nished with  a  copy  of  the  foregoing  resolutions : 

On  "motion  of  Mr  Menefee  the  seals  of  secre- 
cy were  removed  from  all  the  proceedings  in 
secret  session  up  to  this  date. 

Resolved,  That  the  message  of  the  governor  of 
the  17th  inst.,  be  filed  among  the  papers  of  the 
council,  and  not  entered  on  the  journals. 

THE  BREACH  WIDENING. 

On  December  25th  the  committee  on  military 
affairs  submitted  the  following  extraordinary 
report  and  resolutions,  so  abounding  in  quixotic 
ideas  and  schemes  to  demoralize  and  confuse  the 
military  operations  of  the  country,  as  to  stamp 
them  with  condemnation  by  every  one  at  all 
versed  in  the  imperious  necessity  of  discipline 
and  a  directing  head  in  the  prosecution  of  war.  A 
man  of  the  clear  perceptions  and  fixedness  of 
purpose  of  Governor  Smith  could  only  regard 
such  action  by  the  council,  if  allowed  to  prevail, 
as  leading  to  disaster,  if  not  to  ruin. 

Here  follow  the  report  and  resolutions  : 
"The  committee  on  military  affairs,  to  whom 
was  referred   Major  F.  W.   Johnson's  letter  of 
December  18,   1835,  from  headquarters  at   San 


]  64  LIFE  OF  HENRY  SMITH. 

Antonio  de  Bexar,  have  had  the  same  under 
consideration,  and  from  the  information  con- 
tained therein,  together  with  the  movements  of 
Gen.  Cos,  after  his  departure  from  San  Antonio 
de  Bexar,  learned  from  a  private  source,  renders 
it  necessary  to  concentrate  on  the  frontier,  at  the 
most  important  points,  all  the  troops  that  can  be 
raised,  and  that  as  speedily  as  possible. 

"We  are  also  informed  by  the  communication 
received  from  Bexar  that  advices  have  been 
received  at  that  place,  stating  that  Gen.  Ramirez 
Sesma  had  arrived  at  Laredo  with  500  cavalry 
and  1000  infantry,  for  the  purpose  of  reinforcing 
Gen.  Cos,  and  that  an  army  was  raising  at  San 
Luis  Potosi,  to  be  commanded  by  Santa  Anna. 

Your  committee  would  therefore  recommend 
that  an  express  be  sent  to  the  commander-in-chief 
of  the  regular  army  of  Texas,  forwarding  to  him 
a  copy  of  the  letter  received  from  Bexar  of  the 
18th  inst;  and  the  private  intelligence  of  the 
movements  of  Gen.  Cos ;  and  further,  that  Col.  J. 
W.  Fannin  be  ordered  to  proceed  forthwith,  to 
the  west,  and  take  command  of  the  regular  and 
auxiliary  troops,  and  that  Col.  Travis  be  ordered 
to  repair  with  all  possible  dispatch  to  the  fron- 
tier, or  the  seat  of  war,  with  all  the  troops  he  can 
bring  into  the  field  at  this  time,  under  his  com 


OF 


LIFE  OF  HENRY  SMITH.  165 

mand ;  and  that  the  troops  at  Washington,  and 
such  as  may  be  on  the  Guadalupe,  will  be  ordered 
to  repair  immediately  to  Goliad,  Copano  or 
Bexar,  for  the  purpose  of  co-operating  with  and 
acting  in  concert  in  the  general  defensive  or 
offensive  operations  which  may  be  ordered  or 
deemed  necessary. 

Your  committee  would  further  earnestly 
recommend,  that  the  commander-in-chief  be 
ordered  to  concentrate  all  the  troops  under  his 
command,  or  that  can  be  brought  into  the  field, 
at  Goliad  or  Copano,  with  all  possible  dispatch, 
taking  care  at  the  same  time  to  procure,  by  his 
contractors,  the  necessary  supplies  of  provisions 
for  the  sustenance  of  his  troops,  and  that  his 
orders  be  executed  with  all  promptness  and  dis- 
patch ;  and  further  that  the  commander-in-chief 
be  required  to  arrange  and  give  orders  to  his 
recruiting  officers  and  make  such  disposition  of 
his  recruiting  officers  as  may  be  deemed  best  by 
him. 

Therefore  your  committee  recommend  the 
adoption  of  the  following  resolutions : 

Inasmuch  as  the  number  of  troops  fit  for 
duty  now  in  the  field  is  very  much  augmented, 
there  being  four  hundred  troops  now  at  Bexar, 
seventy  at  Washington,  eighty  at  Goliad,  two 


166  LIFE  OF  HENRY  SMITH. 

hundred  at  Velaseo  and  several  companies  on 
their  march  to  the  different  military  posts  and 
places  of  rendezvous,  making  in  the  aggregate 
seven  hundred  and  fifty  men  now  in  service,  and 
ready  for  active  operation ;  and  at  least  one  hun- 
dred more,  not  enumerated  in  the  above  aggregate, 
who  will  join  ^the  army  in  a  few  days.  Active 
operations  should  be  immedately  commenced; 
for  the  expenses  of  the  above  number  of  men, 
now  in  service,  together  with  the  officers  and 
contingent  expenses,  are  too  great  for  Texas  in 
the  present  state  of  her  finances.  Besides,  to  keep 
the  troops  idle  who  have  entered  the  service,  will  do 
us  great  injury  at  this  time.  It  will  induce  those 
who  are  willing  and  able  to  aid  us,  to  believe  that 
we  have  no  use  for  any  more  troops ;  it  will  give 
our  enemies  time  to  fortify  Matamoros  and 
Laredo,  so  they  can*  demonstrate  on  us  in  the 
spring  or  whenever  they  think  proper,  knowing 
their  fortifications  would  enable  them  to  retreat 
safely,  even  if  they  were  defeated,  and  should  it 
become  necessary  to  take  either  of  the  aforesaid 
places,  for  the  security  of  our  frontier,  it  would 
be  far  more  difficult  than  it  would  be  at  this 
time,  and  no  man  can  doubt  the  importance  and 
necessity  of  striking  a  decisive  blow  at  once.  By 
taking  Matamoros,  we  have  the  possession  of  the 


LIFE  OF  HENRY  SMITH.  167 

key!  Yes,  the  commercial  depot  of  the  whole 
country,  north  and  northwest  for  several  hundred 
miles.  We  can  then  fortify  the  place;  demon- 
strate, when  the  occasion  presents  itself,  or  it 
becomes  necessary,  upon  the  towns  north  and 
west.  We  can  also  land  provisions  and  all  the 
munitions  of  war  and  troops,  if  necessary,  at  that 
point  (Matamoros,)  at  any  time  with  perfect 
safety,  and  witout  incurring  half  the  risk  and 
expense  we  must  at  present.  And  we  can  also 
command  the  Gulf  of  Mexico  from  that  point  to 
the  City  of  New  Orleans,  and  land  our  troops  and 
supplies  wherever  we  please. 

Therefore  be  it  resolved,  by  the  General 
Council  of  the  Provisional  Government  of  Texas, 
that  his  Excellency  Henry  Smith,  Governor,  be 
and  he  is  hereby  earnestly  requested  to  concen- 
trate all  his  troops  by  his  proper  officers,  at 
Copano  and  San  Patricio,  for  the  purpose  of 
carrying  into  effect  the  objects  expressed  and  con- 
tained in  the  foregoing  report. 

Be  it  further  resovled,  That  no  officer  of  the 
regular  army  of  Texas  shall  receive  pay  until  he 
is  in  actual  service,  under  orders  of  the  com- 
mander-in-chief." 

On  the  same  day  the  chairman  of  the  same 
committee  presented  the  following  report,  which 
was  read  and  adopted : 


168  LIFE  OF  HENRY  SMITH. 

V 

"Your  committee  to  whom  was  referred  the 
petition  of  certain  officers  asking  permission  to 
proceed  to  Copano,  have  had  the  same  under  con- 
sideration, and  would  respectfully  recommend  to 
the  honorable  the  General  Council  that  his  excel- 
lency, the  governor,  be  requested  to  give  said  pe- 
titioners permission  or  orders  to  proceed  to 
Copano  to  fortify  and  defend  said  place,  until 
they  receive  further  orders,  and  that  his  Excel- 
lency, Henry  Smith,  Governor,  be  requested  to 
notify  the  commander  in-chief  of  the  regular 
army  of  Texas  of  the  same. 

Your  committee  deems  it  important  to  order 
Capt.  Allen  to  that  point,  and  also  to  accept  the 
service  of  such  volunteers  as  tender  their  services 
to  aid  Capt.  Allen  and  his  company,  and  for 
many  important  reasons  In  the  first  place, 
provisions,  ammunition  and  supplies  will  be 
ordered  to  Copano  by  our  agents  in  New  Orleans, 
and  they  will  be  liable  to  be  taken  by  our  ene- 
mies, unless  a  sufficient  force  is  sustained  there 
to  guard  them.  Besides,  we  are  threatened  with 
a  large  army  under  the  command  of  Santa 
Anna,  and  by  building  fortifications  at  different 
points  on  the  frontier  of  our  State  we  shall  be 
able  to  contend  against  a  much  superior  force  to 
what  we  otherwise  should.  It  will  also  throw  an 


LIFE  OF  HENRY  SMITH.  169 

additional  number  of  troops  on  the  frontier  to 
co-operate  and  act  in  concert  with  the  regular 
and  auxiliary  troops,  should  a  large  force  be  sent 
to  invade  us  immediately,  which  we  have  every 
reason  to  believe  will  be  the  case,  and  that  before 
we  can  even  raise  and  organize  a  regiment  of  the 
regular  army.  Your  committee  would  therefore 
respectfully  recommend  to  the  council  the  adop- 
tion of  the  following  resolution : 

Resolved,  That  Capt.  Allen  and  J.  Cheno- 
weth's  petition,  together  with  this  report,  be 
copied  by  the  secretary  and  handed  to  his  Excel- 
lency Henry  Smith,  Governor  of  the  Provisional 
Government  of  Texas." 

Following  these  two  extraordinary  fulmina- 
tions  of  the  council,  the  governor  sent  in  this 
communication : 

SAN  FELIPE,  December  23,  1835. 
To  the  President  and  members  of  the  Council: 

Gentlemen. — I  herewith  transmit  to  you  va- 
rious documents  received  from  the  commander 
at  Bexar.  You  will  see  various  bills  which  they 
think  necessary  to  be  filled  out — all  of  which  you 
will  compare  and  consider.  The  bills  already 
forwarded  to  the  United  States  to  be  filled  by 
special  agents,  you  will  take  into  consideration, 
and  see  if  anything  additional  should  be  ordered 


170  LIFE  OF  HENRY  SMITH. 

Of  the  article  of  bread-stuff  they  seem  to  be  very 
scarce,  and,  from  verbal  information,  very  little 
is  on  the  way  from  Gonzales ;  what  orders  have 
been  sent  to  commissaries  for  the  forwarding  of 
supplies  from  the  west,  by  way  of  Lavaca,  I  am 
not  advised,  but  hope  that  the  necessary  means 
will  be  used  to  keep  them  supplied  with  whatever 
the  garrison  may  need.  You  will  also  see  an 
account  in  favor  of  Mr.  Arnold,  of  which  you 
will  make  the  proper  disposition.  The  documents 
relating  to  the  creation  of  officers  in  the  camp 
requiring  commissions,  &c.,  I  have  passed  over  to 
Gen.  Houston,  the  commander-in-chief,  with  a 
request  that  he  proceed  to  order  the  proper  offi- 
cers to  that  point  to  take  command  and  reduce 
the  previous  disorganization  to  system. 

I  also  transmit  to  you  documents,  this  mo- 
ment received  from  Capt.  Caldwell,  of  Gonzales, 
who  has  been  engaged  in  forwarding  supplies  to 
the  army.  I  have  also  received  verbal  inform  at  ion 
that  Capt.  Caldwell  has  unfortunately  received 
a  wound  which  will  probably  retard  the  prosecu- 
tion of  his  duties  for  the  present.  By  verbal 
request  of  officers  who  have  been  in  command 
at  Bexar,  I  am  informed  that  a  Mr.  Smith,  a  deaf 
man  well  known  to  the  army  for  his  vigilance  and 
meritorious  acts  has  been  severely  wounded  in 


LIFE  OF  HENRY  SMITH.  171 

storming  Bexar,  and  that  his  family  are  daily 
expected  in  this  place  with  the  expectation  that 
the  council  would  exercise  such  guardianship 
over  them  as  their  situation  may  require.  Their 
head  remains  in  camp,  as  his  services  as  a  spy 
cannot  be  well  dispensed  with.  [The  famous 
Deaf  Smith.] 

All  of  which  is  transmitted  to  your  honorable 
body  for  its  information  and  corresponding 
effects  by 

Your  obedient  servant, 
HENRY  SMITH, 
Governor. 

SAN  FELIPE,  December  26,  1835. 
To  the  General  Council : 

Gentlemen. — I  transmit  to  your  body  a  tran- 
script made  from  a  communication  just  received 
from  John  Forbes  of  Nacogdoches.  A  part  of  the 
communication  being  of  a  private  character, 
precludes  its  introduction. 

Mr.  Forbes  encloses  back  a  commission  which 
had  been  previously  sent  to  him,  which  I  here- 
with transmit  to  you  with  these  reraaks,  as  a 
reason  why  it  was  returned.  That  he  had  pre- 
viously received  the  appointment  of  first  judge 
of  that  municipality,  and  in  obedience  to  an  ordi- 
nance and  decree  regulating  ordinances  under 


172  LIFE  OF  HENRY  SMITH. 

this  government,  he  felt  bound  to  decline  the 
acceptance  of  the  last  commission  and  returned 
it  with  these  remarks.  And  furthermore  says 
that  "owing  to  the  combined  and  active  opposi- 
tion of  some  six  or  eight  speculators,  sustained 
by  individuals  from  the  States,  who  employ  them 
to  engross  the  lands  that  are  properly  the  public 
domain,  that  the  intentions  of  the  government 
and  its  acts  relating  to  the  public  land,  and  ^ven 
its  judicial  acts,  have  been  delayed  and  interrupt- 
ed greatly  to  the  injury  of  the  public." 

He  says:  "I  should  be  happy  to  receive 
from  the  council  some  rules  for  my  government 
as  judge,  the  duties  of  which  I  shall  endeavor 
faithfully  to  discharge." 

He  further  says :  "I  am  solicitous  to  hear 
whether  the  two  per  cent,  duties,  which  have 
heretofore  been  laid  for  the  use  of  the  State,  is 
yet  in  force." 

Your  honorable  body  will  plainly  see  from 
the  foregoing,  the  situation  of  the  land  office  in 
the  east,  and  that  the  acts  of  the  convention  have 
not  been  carried  into  effect ;  nor  does  it  appear 
that  it  can  be,  short  of  a  militarv  force ;  and 
whether  such  a  course  would  be  calculated  to 
produce  any  salutary  effect,  is  for  your  honorable 
body  to  determine.  That  some  kind  of  effort 


LIFE  OF  HENRY  SMITH.  173 

should  be  made  by  us  to  sustain  and  protect  the 
public  interest,  must  be  obvious  to  all.  While 
we  are  contending  with  a  powerful  foe,  even  for 
our  very  existence,  that  we  should  find  men 
among  us  capable  of  committing  piracies  both  on 
sea  and  land  is,  I  must  admit,  rather  discourag- 
ing; but  permit  me  to  say  to  you  that  every 
opposition  has  a  powerful  tendency  to  stimulate 
me  to  greater  exertion,  and,  I  hope  it  will  have 
the  same  effect  on  your  honorable  body.  Oppo. 
sition,  strong,  vigilant  and  persevering,  was  by 
me  anticipated— so  I  am  not  taken  by  surprise, 
or  deceived,  in  the  men  frho  stir  it  up.  They  never 
consider  the  public  good,  but  seek  their  own 
private  interests ;  hence  they  are  ever  vigilant  and 
on  the  wing. 

It  is  made  our  duty  to  guard  and  protect 
that  which  they  wish  to  destroy.  They  dread 
organization  as  a  great  evil,  because  honest  in- 
vestigation follows  as  a  matter  of  course,  which 
they  dread. 

I  would  recommend  to  the  consideration  of 
your  honorable  body  the  propriety  of  some 
efficient  course  to  be  adopted,  to  carry  into  effect 
the  decrees  of  the  late  convention,  and  also  the 
decrees  of  the  Provisional  Government,  predica- 
ted on  their  authority.  Let  us  faithfully  and 


174  LIFE  OF  HENRY  SMITH. 

honestly  discharge  our  duty   and   the  country 
will  sustain  us. 

I  am  entirely  at  a  loss  to  know  what  is  meant 
in  the  inquiry  of  Mr.  Forbes  respecting  the  two 
per  cent,  duty,  heretofore  collected  in  favor  of 
the  government,  and  whether  it  is  still  continued. 
I  have  never  known  any  such  duty  or  law  to  have 
been  in  force.  I  am  gentlemen, 

Your  obedient  servant, 
HENRY  SMITH, 

Governor. 

SAN  FELIPE,  December  27,  1835. 
To  the  General  Council : 

Gentlemen. — I  have  received  and  considered 
the  ordinance  creating  the  offices  of  auditor  and 
controller  of  public  accounts,  which  also  assigns 
to  each  his  duties.  On  this  bill  I  have  but  few 
observations  to  make  or  objections  to  raise.  But 
two  only,  both  of  which  would  be  easily  complied 
with.  The  first  will  be  found  in  the  last  clause 
of  the  fifth  section.  1  would  suggest  the  pro- 
priety of  striking  out  the  last  clause  from  the 
word  ''provided"  (which  is  underscored)  to  the 
end  of  the  section.  This  clause  is  in  itself  rather 
ambiguous,  and  if  not  leaving  a  door  open  to 
fraud,  will  be  calculated  to  excite  jealousy  and 
suspicion.  All  money  drawn  from  the  treasury 


LIFE  OF  HENRY  SMITH. 

should  be  subject  to  the  same  routine  and  the 
proper  guards  and  checks  interposed  to  prevent 
fraud,  and  no  branch  of  the  government  should 
retain  exclusive  privileges  in  such  matters.  For 
if  no  other  injury  should  result,  it  would  at  least 
have  a  tendency  to  produce  complexity  and  con- 
fusion in  the  offices. 

The  other  amendment,  which  I  wish  to  sug 
gest,  is  only  for  the  purpose  of  avoiding  am- 
biguity, and  that  the  matter  b3  plainly  under- 
stood; which  by  continuing  the  ninth  section,  by 
adding  the  words  uafter  the  claim  has  been  once 
adjudicated  and  filed,"  which  would  show  that 
it  was  in  compensation  for  extra  labor. 

I  also  transmit,  to  you  various  resolutions 
&c.,  which  have  been  signed  and,  where  necessary, 
complied  with.  The  resolution  to  correspond 
with  Mr.  Lamar  of  Georgia,  will  be  complied 
with  as  soon  as  an  opportunity  offers. 

I  also  send  the  correspondence  received  from 
Bexar;  it  is  however  principally  of  introductory 
character,  speaking  of  men  who  are  deemed 
worthy  to  be  considered  in  time  of  office  making. 
Capt.  Cook,  of  the  New  Orleans  Greys,  is  highly 
recommended  by  all,  both  for  his  ability,  and 
distinguished  bravery  as  an  officer,  and,  if  possi- 
ble, I  would  like  to  extend  him  a  commission. 


176  LIFE  OF  HENRY  SMITH. 

I  also  send  you  the  official  report  of  Doctor 
Pollard  as  surgeon  of  the  volunteer  army.  The 
new  revenue  bill  I  have  examined  and  signed, 
which  is  now  under  transcript  for  some  of  the 
revenue  officers.  I  am,  gentlemen, 

Your  obedient  servant, 

HENRY  SMITH, 
Governor. 

The  ordinance  vetoed,  was  passed  over  the 
governor's  objections. 
IMPORTANT  LETTER  FROM  STEPHEN  F.  AUSTIN. 

On  the  31st  of  December,  1835,  the  following 
letter,  addressed  to  certain  persons  named,  some 
of  whom  were  not  members  of  the  council,  was 
read,  but  not  printed  in  the  journals.  The  origi- 
nal letter,  now  before  us,  is  endorsed  by  E.  M 
Pease,  Secretary  :  "Kef erred  to  committee  on 
State  and  judiciary,  December  31,  1835."  It  will 
be  remembered  that  Stephen  F.  Austin,  Branch 
T.  Archer  and  William  H.  Wharton,  had  been 
appointed,  by  the  consultation  on  the  12th  day 
of  November,  commissioners  to  seek  aid  for 
Texas  in  the  United  States.  This  letter,  as 
shown  on  its  face,  was  written  by  Gen.  Austin 
on  the  eve  of  their  departure  on  that  mission. 
Here  it  is : 


LIFE  OF  HENRY  SMITH.  177 

QUINTANA,  December  22,  1835. 
Dear  Sirs. — We  expect  to  get  off  to-morrow 
in  the  Wm.  Bobbins,  Archer,  the  two  Whartons 
and  myself  and  several  other  passengers. 

There  has  been  a  great  deal  of  low  intrigue 
in  the  political  manoeuvering  of  a  party  who  I 
am  at  last  forced  to  believe  have  their  own  per- 
sonal ambition  and  aggrandisement  in  view, 
more  than  the  good  of  the  country.  These  men 
have  operated  on  Archer  until  they  have  made 
him  almost  a  political  fanatic,  preaching  a  cru- 
sade in  favor  of  liberty  against  the  city  of  Mexico, 
the  only  place  short  of  which  the  army  of  Texas 
ought  to  stop,  &c. 

The  Mexicans  say  that  it  is  rather  curious 
that  the  people  of  Texas  should  fight  against 
military  rulers,  and  at  the  same  time,  try  to  build 
up  an  army  that  may,  in  its  turn,  rule  Texas  as 
it  pleases.  I  think  it  probable  there  will  be  some 
thousands  of  volunteers  from  the  United  States 
in  a  few  months.  They  nearly  all  wish  to  join 
the  regular  army  on  the  basis  of  volunteers. 
What  shall  we  do  with  so  many  ?  How  support 
them  ?  I  fear  that  the  true  secret  of  the  efforts 
to  declare  independence  is,  that  there  must  then 
be  a  considerable  standing  army,  which,  in  the 


1 78  LIFE  OF  HENRY  SMITH. 

hands  of  a  few,  would  dispose  of  the  old  settlers 
and  their  interests  as  they  thought  proper. 

The  true  policy  for  Texas  is  to  call  a  conven- 
tion, amend  the  declaration  of  the  7th  of  November 
last,  by  declaring  Texas  a  State  of  the  Mexican 
Confederacy  under  the  basis  laid  down  in  the 
the  fifth  and  other  articles  of  said  declaration  of 
7th  of  November — form  a  constitution  and  or- 
ganize a  permanent  government.  Every  possi- 
ble aid  should  be  given  to  the  Federal  party  in 
the  interior;  but  it  should  be  done  as  auxiliary 
aid,  in  conformity  with  the  second  article  of  the 
declaration.  By  doing  this  the  war  will  be  kept 
out  of  Texas.  This  country  will  remain  at 
peace.  It  will  fill  up  rapidly  with  families,  and 
there  will  be  no  great  need  of  a  standing  army. 
I  believe  that  the  combinations  in  the  State  of 
Tamaulipas  are  very  extensive  to  form  a  new 
republic  by  a  line  from  Tampico,  west  to  the 
Pacific,  and  it  is  probable  that  the  capitulation  at 
Bexar  was  made  to  promote  that  object.  In 
short,  it  is  much  easier  to  keep  the  war  out  of 
Texas,  than  to  bring  it  back  again  to  our  own 
doors.  All  that  is  necessary  is  for  us  not  to  do 
anything  that  ivill  compel  the  Federal  party  to  turn 
against  us,  and  if  they  call  on  us  for  aid,  let  it  be 
given  as  auxiliary  aid,  and  on  no  other  footing. 


LIFE  OF  HENRY  SMITH.  179 

This  takes  away  the  character  of  a  national  war, 
which  the  government  in  Mexico  is  trying  to 
give  it,  and  it  will  also  give  to  Texas  just  claims 
on  the  Federal  party,  for  remuneration  out  of 
the  proceeds  of  the  Custom  Houses  of  Matamoros 
and  Tampico,  for  our  expenses  in  furnishing  the 
the  auxiliary  aid.  But  if  Texas  sends  an  invad- 
ing force  of  foreign  troops  against  Matamoros, 
it  will  change  the  whole  matter.  Gen.  Mexia 
ought  to  have  commanded  the  expedition  to  Mat- 
amoros and  only  waited  to  be  asked  by  the  Pro- 
visional Government  to  do  so. 

I  repeat :  It  is  much  easier  to  keep  the  war 
out  of  Texas  and  beyond  the  Rio  Grande,  than  to 
bring  it  here  to  our  own  doors.  The  farmers  and 
substantial  men  of  Texas  can  yet  save  themselves, 
but  to  do  so  they  must  act  in  union  and  as  one 
man. 

This,  I  fear,  is  impossible,  ^n  the  upper 
settlement  Dr.  Hoxey  is  loud  for  independence. 
Of  course  he  is  in  favor  of  a  large  standing  army 
to  sustain  it,  and  will  no  doubt  be  ready  to  give 
up  half  or  all  of  his  property  to  support  thous- 
ands of  volunteers,  etc.,  who  will  flood  the  coun- 
try from  abroad, 

It  is  all  very  well  and  right  to  show  to  the 
world  that  Texas  has  just  and  equitable  grounds 


180  LIFE  OF  HENRY  SMITH. 

to  declare  independence ;  but  it  is  putting  the  old 
settlers  in  great  danger  to  make  any  such  decla- 
ration, for  it  will  turn  all  the  parties  in  Mexico 
against  us.  It  will  bring  back  the  war  to  our 
doors,  which  is  now  far  from  us,  and  it  will 
compel  the  men  of  property  in  Texas  to  give  up 
half  or  all  to  support  a  standing  army  of  suffi- 
cient magnitude,  to  contend  with  all  Mexico 
united.  Yours  respectfully, 

S.  F.  AUSTIN. 
To  Messrs.  F.  W.  Johnson,  Daniel  Parker,  D.  C. 

Barrett,  J.  W.  Robinson,  Wyatt  Hanks,  P. 

Sublett  and  Asa  Hoxey. 

P.  S.  Mr.  Parker  will  please  send  this  letter 
to  T.  J.  Itusk,  of  the  Nacogdoches  department. 

S.  F.  A. 

This  letter  from  Gen.  Austin,  considering  the 
time  and  the  peculiar  circumstances  under  which 
it  was  written — the  time  being  the  eve  of  his 
departure  on  a  momentous  mission ;  the  circum- 
stances being  that  he  differed  with  the  chief 
executive  of  the  country,  his  two  colleagues* 
Wharton  and  Archer,  and  with  a  rapidly  grow- 
ing public  sentiment  in  favor  of  absolute  inde- 
pendence from  Mexico,  will  appear  to  many  as 
extraordinary  and  ill-timed.  And  when  his  Netv 
Orleans  letter  to  Gen  Houston,  written  only 


LIFE  OF  HENRY  SMITH.  181 

sixteen  days  later,  is  read,  unless  a  satisfactory 
explanation  can  be  given,  astonishment  must  be 
the  result.  One  of  its  effects  was  to  increase  the 
alienation  between  Governor  Smith,  the  head  of 
the  Independence  party,  and  a  majority  of  the 
council  who  agreed  with  Gen.  Austin,  But, 
rightly  understood,  it  was  in  harmony  with  all 
the  utterances  of  that  gentleman,  from  his  first 
Mexican  letter,  from  Matamoros,  May  30th,  1833, 
followed  by  others  from  the  City  of  Mexico  down 
to  and  after  his  return  to  Texas  in  September, 
1835.  That  Gen.  Austin's  heart  and  interest 
were  deeply  involved  in  the  welfare  of  Texas, 
must  be  evident  to  every  mind  comprehending 
his  true  position.  But  it  must  be  borne  in  mind 
that  he  went  to  Mexico  in  May,  1833,  as  the  agent 
of  Texas,  to  secure  her  admission  into  the  Mexican 
Union  as  a  distinct  State,  separate  from  Coahuila, 
under  the  constitution  drafted  by  the  convention 
of  April  in  that  year,  which  selected  him  as  one 
of  three  commissioners  to  represent  them  at  the 
Mexican  Capitol,  and  that  he  alone  undertook 
the  journey;  that  he  remained  in  Mexico  two 
years  and  three  months  and  during  most  of  that 
time  was  incarcerated  in  the  prisons  of  the  Capitol 
—denied,  much  of  the  time,  intercourse  with  his 
friends  and  rarely  hearing  from  Texas,  and  then 


182  LIFE  OF  HENRY  SMITH. 

in  meagre  and  unreliable  rumors — and  that  he 
had  no  reliable  means  of  knowing  the  truth  in 
regard  to  the  rapidly  changing  events,  either  in 
Texas  or  Mexico.  Moreover  that  he  was  in  a 
position  to  be  falsely  impressed  with  regard  to 
Mexican  affairs  and  designs  through  the  cunning 
artifices  of  Santa  Anna  and  his  minions.  That 
he  was  wholly  misled  as  to  the  real  designs  of 
Santa  Anna,  his  letters  distinctly  show  ;  and  that 
he  was  radically  mistaken  as  to  the  power  of  the 
federal  party  in  Mexico,  is  equally  clear,  for  from 
the  annihilation  of  the  federal  army,  the  forlorn 
hope  of  that  party,  by  Santa  Anna,  in  Zacatecas, 
in  April,  1835,  there  wras  no  federal  power  worthy 
of  the  name  of  organization,  until  the  feeble 
struggles  were  renewed  north  of  the  Sierra 
Madre  in  1839,  three  years  after  the  independ- 
ence of  Texas  was  declared  at  Washington  and 
won  at  San  Jacinto. 

The  growth  of  the  feeling  in  favor  of  Texian 
independence,  naturally  to  flow  from  the  destruc- 
tion of  the  federal  party  in  the  Waterloo  at 
Zacatecas,  and  the  overthrow  of  the  Constitu- 
tional Government  of  Coahuila  and  Texas,  at 
Monclova,  by  Gen.  Cos,  under  the  direct  orders 
of  Santa  Anna,  was  held  in  check  in  Texas  and 
considered  almost  treasonable  by  many,  lest  its 


LIFE  OF  HENRY  SMITH.  183 

manifestations  might  endanger  the  life  of  Gen. 
Austin,  still  in  prison.  This  was  a  natural  and 
an  honorable  feeling — honorable  to  the  people  so 
influenced  and  honorable  to  Gen.  Austin  as  their 
vicarious  agent. 

When  Gen.  Austin  returned  home  Septem- 
ber 15,  1835,  he  found  Texas  ripe  for  revolution 
against  the  despotic  usurpers  of  Mexico  and  pre- 
liminary organizations  matured  and  maturing 
throughout  the  country.  Committees  of  safety 
and  correspondence  were  formed  and  the  call 
had  already  gone  forth  for  a  convention  to  be 
known  as  the  "Consultation  of  the  chosen  dele- 
gates of  all  Texas,"  which,  in  November,  proved 
to  be  the  creator  of  a  "Provisional  Government," 
and  this  paved  the  way  to  an  absolute  declara- 
tion of  independence  on  the  2nd  of  March,  1836, 
less  than  four  months  later. 

Gen.  Austin  was  warmly  and  gratefully 
welcomed  home  by  men  of  all  shades  of  opinion. 
He  was  soon  made  chairman  of  the  committee 
at  San  Felipe  and  from  the  llth  of  October  to 
the  25th  of  November  was  in  command  of  the 
volunteer  citizens  who  marched  to  and  besieged 
San  Antonio.  At  the  latter  date,  however,  in 
obedience  to  the  action  of  the  Consultation  in 
selecting  him,  along  with  Messrs.  Archer  and 


184  LIFE  OF  HENRY  SMITH. 

Wharton,  as  a  commissioner  to  the  United  States, 
he  left  San  Antonio  and  repaired  to  San  Felipe 
to  join  his  colleagues  on  that  mission. 

It  will  be  seen  that  he  continued  to  cherish 
the  views  he  brought  from  Mexico  and  seems  not 
to  have  grasped  the  real  condition  of  affairs  in 
Texas,  or  from  a  Texas  stand  point,  but  rather  to 
have  been  misled  by  those  who  believed  in  fight- 
ing for  statehood  as  an  integral  part  of  Mexico 
and  who  were  opposed  to  independence. 

But  a  very  short  stay  in  New  Orleans  opened 
to  his  mind  a  new  line  of  thought,  in  favor  of 
the  policy  he  had  before  opposed  and  largely  for 
reasons  that  had  been  urged  by  Governor  Smith, 
Wharton,  Archer,  Travis  and  others.  This 
cogent  reason  was,  that  while  fighting  in  inter- 
necine strife  as  a  mere  province  of  Mexico,  Texrs 
need  expect  no  material  aid  from  the  United 
States ;  but,  on  the  other  hand,  if  Texas  would 
declare  herself  an  Independent  Eepublic,  men, 
money  and  munitions  of  war  would  pour  in 
upon  her  from  the  great  Eepublic  to  which 
nineteen-twentieths  of  the  Texas  people  owed 
their  birth.  From  that  moment  Stephen  F. 
Austin  w^as  an  ardent  friend  and  advocate  of 
independence.  He  rendered  valuable  service  in 
the  United  States;  returned  home  in  June, 


LIFE  OF  HENRY  SMITH.  185 

became  the  first  Secretary  of  State  of  the  Repub- 
lic on  the  23rd  of  October,  and  died  on  the  27th 
of  December,  1836,  lamented  by  all  as  the 
founder  and  father  of  American  civilization  in 
Texas. 

On  December  29th  the  committee  on  military 
affairs  submitted  the  following  resolution,  still 
farther  virtually  assuming  the  powers  of  the 
commander-in-chief : 

"Resolved,  That  the  governor  be  requested 
to  authorize  Col.  James  Bowie  to  raise  and  ren- 
dezvous all  the  troops  he  possibly  can,  to  be  en- 
rolled according  to  the  provisions  of  the  ordinance 
and  decree  creating  an  auxiliary  volunteer  corps 
of  Texas,  and  report  himself  at  Goliad,  at  as 
early  a  day  as  possible." 

On  the  same  day  the  president  of  the  council 
submitted  a  communication  from  the  governor 
responsive  to  the  censorious  resolutions  of  the 
25th,  which  was  read — ordered  to  be  filed — and 
not  placed  on  the  journals] — another  indignity, 
hastening  and  widening  the  breach  between  the 
governor  and  council  —leading  to  their  abortive 
attempt  at  his  deposition  and  their  speedy  loss 
of  a  quorum  for  the  transaction  of  business, 
which  they  never  recovered,  leaving  Governor 
Smith  the  only  source  of  legal  authority  until  he 


186  LIFE  OF  HENRY  SMITH. 

surrendered  the  government  to  the  convention  of 
independence  in  March,  1836. 

Nothing  so  aptly  illustrates  the  watchful 
care  and  fidelity  of  Governor  Smith,  as  a  guar- 
dian of  the  public  weal,  as  his  communications  to 
the  council,  several  of  which  are  here  inserted. 

Under  date  of  January  2d,  1836,  he  says; 

Gentlemen. — I  herewith  transmit  to  your  body 
the  report  of  John  H.  Money,  former  treasurer 
of  this  municipality.  You  will  see  by  the  accom- 
panying vouchers  the  disbursements  made  by 
him— some  of  them  you  may  deem  it  necessary 
to  consider.  Mr.  Money  is  anxious  to  bring  the 
matter  to  a  close  by  final  settlement.  I  also 
send  you  a  petition  signed  by  various  persons, 
which  will  show  for  itself.  1  further  have  to 
remark  that  the  reports  made  by  the  command- 
ant of  Goliad,  shows  that  he  has  on  hand  at  that 
station,  public  property  to  a  considerable 
amount,  consisting  of  various  goods,  dues  to  the 
Custom  House,  &c.,  all  of  which  he  is  anxious 
should  be  properly  disposed  of  for  the  public 
benefit.  You  will  therefore  make  such  orders 
on  that  subject  as  you  may  deem  necessary  to 
promote  the  public  interest,  and  at  the  same 


LIFE  OF  HENRY  SMITH,  187 

time  to  release  the  commandant  from   further 
responsibility.     I  am,  gentlemen, 

Your  obedient  servant, 
HENRY  SMITH, 
Governor. 

It  should  have  been  elsewhere  stated  that, 
in  accordance  with  an  ordinance  previously  pre- 
sented by  the  Hon.  James  Kerr,  of  Jackson, 
and  passed  by  the  council  on  the  22nd  of 
December,  Governor  Smith,  on  the  25th  of  the 
same  month,  issued  commissions  to  Gen.  Sam 
Houston,  John  Forbes,  of  Nacogdoches  and  Dr. 
John  Cameron,  as  commissioners  to  treat  with 
the  Cherokee  Indians  and  their  twelve  associate 
bands,  then  residing  in  that  portion  of  East 
Texas  now  coveied  by  Anderson,  Cherokee,  Rusk, 
Smith  and  other  counties.  The  treaty  was  so 
far  made  as  to  secure,  for  the  time,  the  neutrality 
of  those  Indians. 

The  disorganizing  course  of  th3  council  in 
pandering  to  the  clamors  of  a  few  ambitious  and 
visionary  men  and  usurping  the  functions  of 
the  governor  as  commander-in-chief  in  military 
and  naval  affairs,  as  well  as  those  of  Gen.  Hous- 
ton as  general  in-chief  of  the  army,  among  other 
things  encouraging  the  suicidal  expedition  pro- 
posed to  capture  Matamoros,  added  to  what  he 


188  LIFE  OF  HENRY  SMITH. 

considered  a  conspiracy  by  Barrett  and  others 
of  the  council  to  destroy  his  influence,  because 
of  his  unyielding  advocacy  of  independence, 
culminated  in  the  following  indignant  and 
unparliamentary  but  very  natural  outburst  from 
Governor  Smith. 

SAN  FELIPE,  January  9,  1836. 
Gentlemen  of  the  Council  : 

I  herewith  transmit  to  your  body,  the  returns 
and  correspondence  of  Col.  Neill,  Lieutenant- 
Colonel-Commandant  of  the  post  of  Bejar.  You 
will  in  that  correspondence  find  the  situation  of 
that  garrison.  You  will  there  find  a  detail  of 
facts  calculated  to  call  forth  the  indignant  feel- 
ings of  every  honest  man.  Can  your  body  say 
that  they  have  not  been  cognizant  of,  and  con- 
nived at,  this  predatory  expedition?  Are  you 
not  daily  holding  conference,  and  planning  co- 
operation, both  by  sea  and  land?  Acts  speak 
louder  than  words!  They  are  now  before  me, 
authorizing  the  appointment  of  a  generalissimo 
with  plenary  powders  to  plan  expeditions  on  the 
faith,  the  credit,  and  I  may  justly  say,  to  the 
ruin  of  the  country.  You  urge  me  by  resolutions 
to  make  appointments,  fit  out  vessels  as  gov- 
ernment vessels — registering  them  as  such- 
appointing  landsmen  to  command  a  naval  expe- 


LIFE  OF  HENRY  SMITH.  189 

« 

dition,  by  making  representations,  urgent  in 
their  nature,  and  for  what?  I  see  no  reason  but 
to  carry  into  effect,  by  the  hurried  and  improvi- 
dent acts  of  my  department,  your  favorite  object, 
by  getting  my  sanction  to  an  act  disorganizing 
in  its  nature,  and  ruinous  in  its  effects.  Instead 
of  acting  as  becomes  the  counsellors  arid  guar- 
dians of  a  free  people,  you  resolve  yourselves 
into  intriguing,  caucussing  parties ;  pass  resolu- 
tions, without  a  quorum,  predicated  on  false 
premises ;  and  endeavor  to  ruin  the  country  by 
countenancing,  aiding  and  abetting  parties ;  and 
if  you  could  only  deceive  me  enough,  you  would 
join  with  it  a  piratical  co-operation.  You  have 
acted  in  bad  faith,  and  seem  determined  by  your 
acts  to  destroy  the  very  institutions  which  you 
are  pledged  and  sworn  to  support.  I  have  been 
placed  on  the  political  watch-tower.  I  feel  the 
weight  of  responsibility  devolving  upon  me,  and 
confidently  hope  I  will  be  enabled  to  prove  a 
faithful  sentinel.  You  have  also  been  posted  as 
sentinels ;  but  you  have  permitted  the  enemy  to 
pass  your  lines ;  and,  Mexican  like,  are  ready  to 
sacrifice  your  country  at  the  shrine  of  plunder. 
Mr.  president,  I  speak  collectively,  as  you  all 
form  one  whole,  though,  at  the  same  time,  I  do 
not  mean  all.  I  know  you  have  honest  men 


190  LIFE  OF  HENRY  SMITH. 

there,  and  of  sterling  worth  and  integrity ;  but 
you  have  Judases  in  the  camp — corruption,  base 
corruption,  has  crept  into  your  councils — men 
who,  if  possible  would  deceive  their  God.  Not- 
withstanding their  deep  laid  plans  and  intrigues, 
I  have  not  been  asleep.  They  have  long  since 
been  anticipated,  forestalled  and  counteracted. 
They  will  find  themselves  circumvented  on  every 
tack.  I  am  now  tired  of  watching  scoundrels 
abroad  and  scoundrels  at  home,  and  as  such  1 
am  now  prepared  to  drop  the  curtain.  The 
appointment  and  instructions,  founded  on  the 
resolutions  predicated  on  false  premises,  shall 
now  be  tested  I  will  immediately  countermand 
the  order  made  out  in  such  haste ;  and,  as  you 
say,  and  her  register  says,  the  armed  vessel 
Invincible  is  a  government  vessel,  I  will  imme- 
diately order  a  suitable  officer  of  the  government 
to  go  and  take  charge  of  her  in  the  name  of  the 
government,  and  hold  her  subject  to  my  order. 
And  if  that  be  refused,  I  will  immediately  recall 
her  register,  by  proclamation  to  the  world.  I 
would  farther  suggest  to  you  that  our  foreign 
agents  have  been  commissioned  and  specially 
instructed  to  fill  out  our  navy  and  procure  the 
proper  officers  and  crews ;  and  unless  they  can 
be  certainly  informed  of  the  absolute  purchase, 


LIFE  OF  HENRY  SMITH.  191 

in  time  to  prevent  their  purchase  of  a  similar 
one,  the  purchase  so  made  by  you  shall  never 
be  ratified  or  become  binding  on  this  government- 
because  you  would  do  the  government  serious 
injury  by  meddling  with  matters  which  you 
have  put  out  of  your  power  by  special  appoint- 
ment. You  shall  not  be  permitted,  by  collusion 
or  management,  to  act  in  bad  faith  to  the  injury 
of  the  government.  If  the  appointment  of  gen- 
eral agents,  with  latitudinarian  powers — with 
the  power  of  substitution  and  many  other  things 
equally  inconsistent  and  ridiculous — which  have 
been  engendered  and  emanated  from  your  cau- 
cussing,  intriguing  body  recently,  does  not  show 
a  want  of  respect  to  my  department  and  a  total 
neglect  of  the  sacred  oaths  and  pledges  solemnly 
made  by  you,  I  must  admit  I  am  no  judge.  I 
wish  you  distinctly  to  understand  that  the  ground 
on  which  you  stand  is  holy,  and  shall  be  guarded 
and  protected  with  every  assiduity  on  my  part. 
Permit  me  again  to  repeat  it.  Mr.  President,  this 
is  not  either  intended  to  touch  either  yourself  or 
the  honest  and  well-intending  part  of  your 
council.  f 

Look  round  upon  your  flock !  Your  discern- 
ment will  easily  detect  the  scoundrels,  The 
complaints,  contraction  of  the  eyes,  the  gape  of 


192  LIFE  OF  HENRY  SMITH. 

the  mouth,  the  vacant  stare,  the  hung  head,  the 
restless,  fidgity  disposition,  the  sneaking  syco- 
phantic look,  a  natural  meanness  of  countenance, 
an  unguarded  shrug  of  the  shoulders,  a  sympa- 
thetic tickling  and  contraction  of  the  muscles  of 
the  neck,  anticipating  the  rope,  a  restless  uneasi- 
ness to  adjourn,  dreading  to  face  the  storm 
themselves,  have  raised. 

Let  the  honest  and  indignant  part  of  your 
council  drive  the  Wolves  out  of  the  fold,  for  by 
low  intrigue  and  management  they  have  been 
imposed  upon  and  duped  into  gross  error  and 
palpable  absurdities.  Some  of  them  have  been 
thrown  out  of  folds  equally  sacred,  and  should 
be  denied  the  society  of  civilized  man. 

They  are  parricides,  piercing  their  devoted 
country  already  bleeding  at  every  pore.  But, 
thanks  be  to  my  God,  there  is  balm  in  Texas 
and  a  physician  near.  Our  agents  have  gofte 
abroad.  Our  army  has  been  organized.  Our 
general  is  in  the  field.  A  convention  has  been 
called  which  will  afford  a  sovereign  remedy  to 
the  vile  machinations  of  a  caucussirig,  intriguing, 
and  corrupt  council.  I  now  tell  you  that  the 
course  here  pointed  out  shill  be  rigidly  and 
strictly  pursued,  and  that  unless  your  body  will 
make  the  necessary  acknowledgment  to  the 


LIFE  OF  HENRY  SMITH.  193 

world  of  your  error,  and  forthwith  proceed,  and 
with  the  same  facility  and  publicity,  (by  issuing 
a  circular,  and  furnishing  expenses  to  give  circu- 
lation and  publicity  in  a  manner  calculated  to 
counteract  its  baleful  effects),  that  after  twelve 
o'clock  on  to-morrow  all  communications  between 
the  two  departments  shall  cease ;  and  your  body 
will  stand  adjourned  until  the  first  of  March 
next,  unless  from  the  emergencies  of  the  country, 
you  should  be  convened  by  proclamation  at  an 
earlier  period. 

I  consider,  as  the  devisors  of  ways  and 
means,  you  have  done  all  contemplated  by  the 
Organic  Law ;  that  your  services  are  no  longer 
needed,  and  until  the  convention  meets,  I  will 
continue  to  discharge  my  duties  as  commander- 
in-chief  of  the  army  and  navy,  and  see  that  the 
laws  are  executed. 

The  foregoing  you  will  receive  as  notice 
from  my  department,  which  will  be  rigidly  car- 
ried into  effect.  You  are  further  notified  that 
audience  will  not  be  given  to  any  member  or 
special  committee  other  than  in  writing.  I  will 
immediately  proceed  to  publish  all  the  corres- 
pondence between  the  two  departments,  'by 
proclamation  to  the  world,  and  assign  the  reasons 


194  LIFE  OF  HENRY  SMITH, 

why  I  have  pursued  this  course,  and  the  causes 
which  have  impelled  me  to  do  it. 

I  am,  gentlemen, 
Your  obedient  servant, 

HENRY  SMITH, 

January  9,  1836.  Governor. 

This  communication,  (not  expected  to  be 
made  public,  but  considered  in  executive  session,) 
though  dated  on  the  9th,  was  sent  in  on  the  10th, 
accompanied  by  the  following  letter  to  James  W. 
.Robinson,  the  Lieutenant-G  over  nor  and  President 
of  the  council : 

SUNDAY,  January  10,  1836. 

Hon.    James     W.    Robinson,    President    of    the 
Council : 

Dear  Sir. — I  have  recently  received  by 
express,  dispatches  from  Bexar  and  other  places, 
containing  information  of  a  character  which 
should  be  immediately  laid  before  the  council. 
And  being  informed  that  you  do  not  meet  to-day, 
I  must  beg  the  favor  of  you  to  call  a  secret  ses- 
sion of  your  body.  I  wish  all  the  members  of 
your  body  to  be  present,  as  immediate  action  will 
be  necessary.  You  will  please  inform  my  secre- 
tary at  what  hour  you  will  meet,  and  I  will  send 
him  with  the  dispatches  I  w^ill  also  make  a 
communication  to  the  House.  You  will  please 


LIFE  OF  HEXEY  SMITH.  195 

have  read  the  express  correspondence  first.  You 
may,  perhaps,  consider  my  communication 
severe.  I  wish  you,  however,  to  permit  it  to  be 
read ;  I  assure  you  it  is  necessary.  I  wish  you 
to  distinctly  understand  that  I  well  know  your 
situation,  and  that  nothing  therein  contained  is 
aimed  at,  or  intended  for  you.  I  hope  you  will 
favor  me  by  a  compliance,  as  I  deem  it  all  im- 
portant. I  am  respectfully, 

Your  obedient  servant, 
HENRY  SMITH, 
Governor. 

The  communication  of  the  9th— for  a  thor- 
ough justification  of  which,  excepting  only  in  its 
unparliamentary  expletives,  among  other  facts 
already  apparent  to  the  reader,  reference  is 
made  to  the  exhaustive  letter  of  Gen.  Houston 
to  Governor  Smith,  written  on  the  30th  of  Jan- 
uary, twenty  days  after  the  futile  and  void 
attempt  of  less  than  a  quorum,  to  suspend  the 
governor — was  referred  to  a  special  committee 
immediately  on  its  reception  at  the  called  meet 
ing  on  Sunday  the  10th.  The  committee  on  the 
llth  submitted  the  following  report  and  reso- 
lutions : 

Your  special  committee  to  whom  was  re- 
ferred the  communications  of  Governor  Smith, 


196  LIFE  OF  HENRY  SMITH. 

report  that  they  are  unable  to  express  any  other 
views  to  this  House,  than  indignation  at  language 
so  repulsive  to  every  moral  feeling  of  an  honora- 
ble man,  and  astonishment  that  this  community 
could  have  been  so  miserably  deceived  in  select- 
ing for  the  high  officer  of  governor,  a  man  whose 
language  and  conduct  prove  his  early  habits  of 
association  to  have  been  vulgar  and  depraved, 
and  his  present  disposition  that  of  a  disorganizer 
and  a  tyrant.  That  they  repel  the  infamous 
.charges  preferred  against  this  council  and  its 
*  members  as  false  and  unfounded  in  every  part, 
and  containing  the  style  and  language  as  lov/, 
blackguardly  and  vindictive,  and  in  every  way 
unworthy  of  and  disgraceful  to  the  office  whence 
it  emanated,  and  as  an  outrageous  libel  on  the 
body  to  whom  it  is  addressed,  and  therefore 
advise  the  return  of  the  paper,  accompanied  with 
the  following  resolutions. 

E.  E.  EOYALL,  Chairman, 
ALEX.  THOMPSON, 
CLAIBORNE  WEST, 
J.  D.  CLEMENTS, 
JOHN  McMuLLEN, 
Adopted  January  llth,  1836. 

*In  a  communication  from  Gen.  Houston  to  Gen.  Rusk,  Secretary  of  War,  near 
Mill  Creek  (west  of  the  Brazos)  March  29th,  1836,  he  says: -"I  have  ordered  D.  C. 
Barrett  and  Edward  Gritton  to  be  arrested  and  held  subject  to  the  future  order  of 
the  government.  I  do  think  they  ought  to  be  detained  and  tried  as  traitors  and  spies." 
The  victory  of  San  Jacinto,  23  days  later,  and  the  good  feeling  caused  thereby,  proba- 
bly prevented  subsequent  investigation  into  all  such  charges. 


LIFE  OF  HENRY  SMITH.  197 

1st.  Resolved,  That  the  members  of  the 
General  Council  are  the  immediate  representa- 
tives of  the  sovereign  people,  and  are  charged 
with  the  safety  of  the  country  and  answerable 
only  to  the  people  for  the  faithful  discharge  of 
their  duties. 

2nd.  Resolved,  That  each  member  individ- 
ually, and  as  a  body  collectively,  will  sustain  at 
all  hazards  the  dignity  of  this  government  and 
the  rights  of  the  good  citizens  of  Texas  whom 
they  have  the  honor  to  represent. 

3rd.  Resolved,  That  Henry  Smith,  Governor 
of  the  Provisional  Government  of  Texas,  be  or- 
dered forthwith  to  cease  the  functions  of  his 
office  and  he  be  held  to  answer  to  the  General 
Council  upon  certain  charges  and  specifications 
preferred  against  him,  agreeable  to  the  provis- 
ions of  the  4th  section  of  the  Federal  Constitution 
of  Mexico  of  1824,  and  the  llth  section  of  the 
Organic  Law  of  the  Provisional  Government  of 
Texas,  as  adopted  in  convention  on  the  13th  of 
November,  A.  D.,  1835,  and  that  a  copy  of  the 
said  charges  and  specifications  be  furnished  to 
the  Governor,  Henry  Smith,  within  twenty-four 
hours  from  this  time. 

4th.  Be  it  further  resolved,  That  the  secre- 
tary to  the  Executive  be  forthwith  notified  of 


198  LIFE  OF  HENRY  SMITH. 

these  resolutions  and  that  he  be  held  responsible 
to  the  General  Council  of  the  Provisional  Gov- 
ernment of  Texas  for  every  and  all  records, 
documents  and  archives  of  his  office. 

5th.  Resolved,  That  the  Treasurer,  Com- 
manding-General, Foreign  Agents  and  all  other 
officers  of  this  government,  be  notified  of  the 
suspension  of  Henry  Smith  of  the  powers  and 
functions  of  Governor,  by  the  representatives  of 
the  people  of  Texas  in  General  Council  assembled, 
and  that  they  and  every  one  of  them  hold  them- 
selves respectively  subject  to  the  order  and 
direction  of  the  lieutenant-governor,  as  acting 
governor,  and  General  Council  aforesaid. 

6th.  Resolved,  That  a  committe  be  appointed 
to  draft  an  address  to  the  people  of  Texas,  setting 
forth  the  circumstances  and  reasons  which  com- 
pel their  representatives  in  General  Council  to 
adopt  these  measures. 

Adopted  January  llth,  1836. 
The  following  are  the  four  charges. 
To  Henry  Smith,  Esq.,   Governor  of  tJie  Provis- 
ional Government  of  Texas : 
Sir.— The  following    are  the  charges    and 
specifications  preferred  against  you  in  substance 
and  form,  as  contemplated  by  the  llth  section  of 
the  Organic  law  of  the  Provisional  Government 


LIFE  OF  HENRY  SMITH.  199 

of  Texas.  The  General  Council  advise  you  that 
you  are  at  liberty  to  answer  the  following  charges 
and  specifications  before  that  body  or  before  the 
general  convention  at  its  session  to  commence  on 
the  1st  day  of  March  next,  and  that  on  applica- 
tion to  the  president  of  the  council  you  will  be 
furnished  with  the  names  of  all  witnesses  who 
will  be  called  on  to  testify  against  you, 

Charges  and  specifications  against  Henry 
Smith,  as  Provisional  Governor,  under  the  llth 
section  of  the  Organic  Law,  for  malfeasance  and 
misconduct  in  his  said  office  as  preferred  by  a 
committee,  appointed  by  the  General  Council  for 

that  purpose. 

Charge  1st.  For  violating  the  republican 
principles  of  the  Federal  Constitution  of  Mexico 
of  1824,  wrhich,  as  Provisional  Governor  he  had 
sworn  to  support. 

Charge  2nd.  For  neglecting  to  support  the 
declaration  of  the  consultation  of  the  chosen 
delegates  of  all  Texas  in  General  Convention 
assembled,  and  for  endeavoring  to  prevent  the 
General  Council  from  carrying  into  effect, 
especially  the  second  article,  as  adopted  by  the 
said  convention  November  7th,  1835. 

Charge  3rd.  For  official  perjury  in  in- 
fringing and  violating  the  Organic  Law  of  the 
Provisional  Government  of  Texas, 


200  LIFE  OF  HENRY  SMITH. 

Charge  4th.  For  slanders  and  libels  upon 
the  General  Council  as  a  body  and  upon  the 
members  thereof  individually,  and  contempt  of  its 
powers  and  authority,  and  atempting  to  dissolve 
the  government,  and  assume  dictatorial  pow- 
ers over  the  good  citizens  of  Texas,  and  by 
inconsistency,  misrepresentation  and  other  official 
misconduct,  has  produced  confusion  and  aimed 
at  general  disorganization. 

The  specifications  are  but  grandiloquent 
amplifications  of  the  charges  and  were  followed 
by  this  resolution: 

Resolved,  That  the  commmunication  alluded 
to  be  returned,  together  with  a  copy  of  the 
charges  and  speifications  preferred  against  the 
said  Henry  Smith,  late  Governor  aforesaid,  for 
malfeasance  and  misconduct  in  office,  and  that 
he  be  notified  to  reply  in  three  days,  or  that  the 
trial  will  proceed  thereon  before  the  General 
Council  exparte. 

On  the  same  day,  prior  to  being  informed  of 

the  action  of  the  council,   the  governor  so  far 

overcame  the  bitterness  oi?  his  feelings  as  to  send 

in  the  following  qualified  effort  at  reconciliation: 

SAN  FELIPE,  January  12, 1836. 

Gentlemen. — The  communication,  of  the  9th, 
sent  to  your  body  on  the  10th  mst,  contained 


LIFE  OF  HENEY  SMITH.  201 

much  asperity  of  language  which  I  considered 

% 

at  the  time  was  called  for  from  me,  owing  to 
what  I  deemed  improvident  acts  of  your  body, 
in  which  I  considered  much  intrigue  and  duplicity 
had  been  used,  which  in  their  nature  and  ten- 
dency were  calculated  to  breed  confusion  and 
greatly  injure  the  public  good.  Among  other 
things  the  appointment  of  Col.  Fannin  was  one 
which  I  deemed  unwarranted  by  law,  and  of 
injurious  tendency.  If  the  act  of  your  body 
was  ratified  by  me,  it  is  plain  and  evident  that 
neither  the  commander-in-chief,  the  council,  nor 
the  executive  could  have  any  control  over  him.  I 
therefore  deemed  it  a  gross  insult  offered  by  the 
council  to  my  department,  and  one  which  I  was 
not  willing  to  overlook  I  admit  that  I  repelled 
it  with  a  keenness  and  asperity  of  language 
beyond  the  rules  of  decorum ;  because  1  believed 
it  was  certainly  intended  as  an  insult  direct.  If, 
therefore,  your  body  should  think  proper  to 
acknowledge  their  error,  by  an  immediate  correc- 
tion of  it — which  I  consider  would  only  be  their 
reasonable  duty — all  differences  between  the  two 
departments  should  cease,  and,  so  far  as  I  am 
concerned,  be  forever  buried  in  oblivion ;  and 
that  friendly  and  harmonious  intercourse  re- 
sumed, which  should  ever  exist  between  the 


202  LIFE  OF  HENRY  SMITH. 

different  branches  of  the  government.  I  suggest 
and  solicit  this  from  the  purest  motives,  believ- 
ing the  public  good  would  thereby  be  advanced. 
The  rules  of  Christian  charity  require  of  us  to 
bear  and  forbear,  and  as  far  as  possible  to  over- 
look the  errors  and  foibles  of  each  other. 

In  this  case  I  may  not  have  exercised  towards 
your  body  that  degree  of  forbearance  which  was 
probably  your  due.  If  so,  I  have  been  laboring 
under  error,  and  as  such,  hope  you  will  have  the 
magnamity  to  extend  it  to  me,  and  let  the  two 
branches  again  harmonize  to  the  promotion  of 
the  true  interest  of  the  country. 

T  am  respectively,  gentlemen, 
Your  obedient  servant, 
HENRY  SMITH, 
Governor 

On  the  13th,  the  overtures  of  the  governor 
having  failed,  he  returned  to  the  combat  in  the 
following  unyielding  but  more  dignified  tone. 
SAN  FELIPE,  January  13th,  1836. 
To  the  President  and  members  of  the  Council : 

Gentlemen. — On  the  9th  inst.,  I  notified  your 
body  that,  as  the  devisors  of  ways  and  means,  I 
considered  you  had  performed  all  the  duties 
incumbent  on  you,  contemplated  by  the  Organic 
Law,  and  as  such  I  considered  the  country  would 


LIFE  OF  HENRY  SMITH,  203 

be  relieved  from  a  heavy  tax  by  your  adjourn- 
ment until  the  1st  of  March,  [when  the  plenary 
convention  was  to  assemble].  And  if  in  the 
interim  any  emergency  should  render  it  neces- 
sary, that  you  could  immediately  be  called  by 
proclamation.  On  the  llth  I  received  notice  that 
I  was  removed  from  office.  Not  by  death,  ina- 
bility, or  other  casualty,  but  for  exercising  too 
much  capacity ;  and  that  by  virtue  of  authority 
vested  in  your  body,  you  had  installed  a  new 
governor,  and  created  a  new  organization.  After 
formally  breaking  me,  you  have  been  good 
enough  to  summon  me  to  a  formal  trial — leaving 
the  alternative  with  myself  to  choose  the 
tribunal  before  whom  I  would  be  tried,  whether 
before  your  own  body,  by  whom  I  had  been 
already  condemned,  or  before  my  peers  in  con- 
vention. Reason,  it  would  seem,  would  direct 
the  latter  alternative.  I  at  all  times  hold  myself 
answerable,  and  answerable  as  a  public  officer, 
to  my  peers,  and  to  none  others  I  acknowledge 
the  receipt  of  the  charges  and  specifications  pre- 
ferred against  me  by  your  body,  and  feel  able 
and  willing  in  convention  to  plead  to  them. 
Reserving  to  myself  in  the  meantime  the  privi- 
lege of  taking  all  legal  exceptions.  I  demand  of 
your  president,  as  a  right,  the  names  of  all  the 


204  LIFE  OF  HENRY  SMITH. 

members  present  on  the  10th  inst ,  with  the  proper 
certificate,  commencing  with  the  first  of  the 
present  month  and  up  to  the  present  date  inclu- 
sive. And  all  the  members  now  present  are 
notified  to  appear  at  the  town  of  Washington,  as 
witnesses,  on  the  first  day  of  March  next ;  for  by 
your  own  acts,  and  the  proof  of  your  own  body, 
I  hope  to  be  able  to  exculpate  myself  before  a 
liberal  and  unbiased  body,  from  all  the  charges 
preferred  against  me.  It  would  appear  that 
some  jurisdictions  are  not  represented,  others 
have  two ;  and  some,  long  since  precluded  by 
law,  still  seem  to  hold  on  and  form  a  part  of 
your  body.  I  think  it  would  be  well  to  examine 
these  things,  as  circumstances  may  render  its 
investigation  necessary. 

I  faould  give  your  body  this  friendly  advice ; 
that  notwithstanding  you  are  the  representatives 
of  the  people,  they  have  given  you  the  limit  over 
which  they  will  not  permit  you  to  pass,  and  any 
thing  done  by  your  body  calculated  to  bring 
about  disorganization,  or  not  warranted  by  the 
Organic  Law,  will  be  viewed  and  considered  as 
an  outrage  for  which  you  will  be  held  answerable. 
What  I  have  done,  however  bad  you  may  view  it 
has  been  done  for  the  best  of  reasons,  and  from 
the  purest  motives.  I  care  not  for  popularity, 


LIFE  OF  HENRY  SMITH.  205 

and  seek  alone  the  public  good.  And  if  the 
course  I  have  pursued — so  condemned  by  you— 
should  bring  down  the  odium  and  contempt  of 
the  whole  community,  and  at  the  same  time  be 
the  means  of  saving  the  character,  the  credit, 
and  finally  redeem  the  country,  I  say  to  you,  in 
the  sincerity  of  truth,  that  it  is  a  sacrifice  I  wil- 
lingly make  at  the  shrine  of  the  public  good. 

HENRY  SMITH, 
Governor. 

On  the  same  day,  the  13th,  the  council  passed 
a  resolution  directing  the  Executive  Secretary, 
Dr.  Charles  B.  Stewart,  (afterwards  distinguished 
in  the  councils  of  the  State  and  deceased  only  in 
1886),  to  hold  no  farther  communication  with 
Governor  Smith,  but  to  recognize  as  governor, 
their  presiding  officer,  Lieutenant-Governor 
James  W.  Eobinson.  They  passed  a  similar 
mandate  affecting  the  public  printers.  But  their 
action  was  wholly  ignored  by  the  enlightened 
patriot,  Stewart,  and  fell  harmless  at  the  feet  of 
Governor  Smith,  who  still  maintained  his  official 
position,  being  recognized  as  governor  by  Gen. 
Houston,  Commander-in  Chief  of  the  army  and 
the  people  at  large.  The  indecent  haste  with 
which  the  council  acted,  their  numerous  resolves, 
and  the  high-sounding  "inaugural"  address  of 


206  LIFE  OF  HENEY  SMITH. 

their  "acting"  governor  bearing  evidence  of  prior 
plan  and  concert,  speedily  became  known  and 
were  largely  treated  with  derision  till  they  were 
buried  in  oblivion  by  the  people's  representatives 
in  the  convention  of  independence  in  March,  as 
will  be  seen  later. 

A  death  blow  was  given  to  the  small  faction 
yet  remaining  of  those  who,  like  Governor 
Smith's  assailants  in  the  council,  still  clung  to 
the  dead  carcasses  of  the  constitution  of  1824 
and  the  federal  party  in  Mexico,  when  it  became 
known  that,  in  a  letter  to  Gen.  Houston,  written 
in  New  Orleans,  January  7th,  Gen.  Austin  had 
utterly  abandoned  those  baseless  ideas  and  come 
out  in  favor  of  declaring  Texas  a  free  and  inde- 
pendent republic. 

From  the  great  length  and  wide  field  covered 
by  the  "inaugural"  of  Mr.  Eobinson  on  attempt- 
ing to  assume  the  functions  of  "acting"  governor, 
the  conclusion  is  almost  irresistible  that  its  prep- 
aration was  begun  in  anticipation  of,  and  not 
after  the  pretended  suspension,  of  Governor 
Smith.  In  it  he  sails  through  a  sea  of  political, 
judicial,  ministerial  and  governmental  polities, 
betraying  a  mind  filled  with  chimeras  but  unable 
to  grasp  fhe  simple  fact  that  an  entirely  new 
government  would  supercede  the  present  one  in 


LIFE  OF  HENRY  SMITH.  207 

about  six  weeks,  to  be  formed  by  a  chosen  body 
of  men  clothed  with  plenary  powers  and  among 
whom  he  would  have  no  voice;  while,  on  the 
other  hand,  the  clear,  broad  and  incisive  mind  of 
Governor  Smith  intuitively  grasped  the  REAL 
and  not  the  IDEAL  in  public  affairs,  and  hence  he 
quickly  detected  trickery,  intrigue  and  infidelity 
in  the  actions  of  men. 

Nothing  could  have  been  more  satisfactory 
to  Governor  Smith  than  the  notification  that  he 
could  exercise  an  option  by  being  tried  either  by 
the  council — his  blinded  accusers — or  by  the  con- 
vention yet  to  be  elected  and  to  assemble  on  the 
first  day  of  March.  His  honest  heart  was  more 
than  willing  to  entrust  his  good,  name,  fame  and 
unselfish  patriotism,  to  the  judgment  of  his  peers, 
yet  to  be  elected  by  the  people,  for  well  he  knew 
that  the  great  point  for  which  he  had  struggled 
—the  independence  of  Texas — would  be  over* 
whelmingly,  if  not  unanimously  declared,  when- 
ever the  voice  of  the  people,  as  now  enlightened, 
should  be  expressed  in  that  plenary  assemblage. 
He  had  neither  doubt  nor  fear,  and  he  was  cor- 
rect, for  the  declaration  was  unanimously  made 
within  twenty-four  hours  after  the  convention 
met.  And  well  he  knew  also  that  the  real  incen- 
tive to  the  malignant  charges  against  him,  was  his 


208  LIFE  OF  HENRY  SMITH. 

refusal  to  countenance  the  disorganizing  schemes 
of  the  council,  and  because  he  had  no  earthly 
confidence  in  the  extinct  myth  called  the  federal 
party  in  Mexico ;  that  he  realized  the  fact  that 
the  Mexican  constitution  of  1824  had  been  sub- 
verted and  overthrown  by  Santa  Anna  and  his 
victorious  legions;  and  that  he  righteously 
believed  the  salvation  of  Texas  depended  upon 
an  absolute  declaration  of  independence. 

As  a  matter  of  fact  Governor  Smith  contin- 
ued in  the  discharge  of  his  duties  and  was  so 
recognized  by  the  convention  assembled  in  March, 
while  the  council  never  had  the  pretense  of  a 
quorum  after  the  17th  of  January,  and,  in  fact, 
did  not  have  when  they  pretended  to  depose 
Governor  Smith. 

V 

Though  in  anticipation  of  time  this  is  deemed 
the  appropriate  place  in  which  to  insert  the  able 
and  scathing  letter  of  General  Houston  to  Gov- 
ernor Smith — able  in  its  enunciation  of  sound 
principles,  and  scathing  in  its  arraignment  of  the 
council  and  those  measures  and  men  whose 
course  tended  headlong  to  disorganization,  de- 
moralization, failure  and  ruin.  The  annihilation 
of  Johnson  and  Grant's  followers  on  and  beyond 
the  Nueces,  and  the  perfidious  slaughter  of 
Fannin  and  his  four  hundred  men,  were  largely 


LIFE  OF  HENRY  SMITH.  209 

the  bitter  fruits  of  the  council's  intermeddling 
usurpation  of  the  powers  lodged  by  the  Organic 
Law  with  the  governor  and  general-in-chief  of 
the  army. 

Here  follows  the  letter  of  Gen.  Houston : 
Major- General  Sam  Houston  to  Governor  Henry 
Smith: 

MUNICIPALITY  OF  WASHINGTON,  Jan.  30,  1836. 
Sir. — 1  have  the  honor  to  report  to  you 
that  in  obedience  to  your  order  under  date  of 
the  6th  instant,  I  left  Washington  on  the  8th, 
and  reached  Goliad  on  the  night  of  the  14th. 
On  the  morning  of  that  day  I  met  Capt.  Dim- 
mitt,  on  his  return  home  with  his  command, 
who  reported  to  me  the  fact,  that  his  caballada  of 
horses,  the  most  of  them  private  property,  had 
been  pressed  by  Dr.  Grant,  who  styled  himself 
acting  commander-in- chief  of  the  federal  army, 
and  that  he  had  under  his  command  about  two 
hundred  men.  Capt.  Dimmitt  had  been  relieved 
by  Captain  P.  S.  Wyatt  of  the  volunteers  from 
Huiitsville,  Alabama  I  was  also  informed  by 
Major  E.^C.  Morris  that  breadstuff  was  wanted 
in  camp,  and  he  suggested  his  wish  to  remove 
the  volunteers  further  west  By  express  I  had 
advised  the  stay  of  the  troops  at  Goliad  until  I 
could  reach  that  point, 


210  LIFE  OF  HENRY  SMITH 

On  my  arrival  at  that  post  I  found  them 
destitute  of  many  supplies  necessary  to  their 
comfort  on  a  campaign.  An  express  reached 
me  from  Lieutenant-Colonel  Neill,  of  Bexar,  of 
an  expected  attack  from  the  enemy  in  force, 
I  immediately  requested  Colonel  James  Bowie  to 
march  with  a  detachment  of  volunteers  to  his1 
relief.  He  met  the  request  with  his  usual  prompti- 
tude and  manliness.  This  intelligence  I  for- 
warded to  your  Excellency  for  the  action  of 
government.  With  a  hope  that  supplies  had  or 
would  immediately  reach  the  port  of  Copano, 
I  ordered  the  troops,  through  Major  R.  C.  Morris, 
to  proceed  to  Refugio  Mission,  where  it  was  re- 
ported there  would  be  an  abundance  of  beef- 
leaving  Captain  Wyatt  and  his  command,  for 
the  present,  in  possession  of  Goliad,  or  until  he 
could  be  relieved  by  a  detachment  of  regulars 
under  the  command  of  Lieutenant  Thornton,  and 
some  recruits  that  had  been  enlisted  by  Captain 
Ira  Westover  On  the  arrival  of  the  troops  at 
Refugio,  I  ascertained  that  no  breadstuff s  could 
be  obtained,  nor  was  there  any  intelligence  of 
supplies  reaching  Copano,  agreeably  to  my  ex- 
pectations, and  in  accordance  with  my  orders  of 
the  30th  of  December  and  6th  of  January,  inst., 
directing  the  landing  and  concentrating  all  the 


LIFE  OF  HENRY  SMITH.  211 

volunteers  at  Copano  I  had  also  advised  Colonel 
A,  Huston,  the  Quarter-Master  General,  to  for- 
ward the  supplies  he  might  obtain  at  New  Orleans 
to  the  same  point.  Not  meeting  the  command 
of  Major  Ward,  as  I  had  hoped  from  the  early 
advice  I  had  sent  him,  by  Major  George  W.  Poe, 
I  determined  to  await  his  arrival  and  the  com- 
mand of  Captain  Wyatt.  With  a  view  to  be  in 
a  state  of  readiness  to  march  to  the  scene  of  active 
operations  at  the  first  moment  that  my  force  and 
the  supplies  necessary  could  reach  me,  I  ordered 
Lieutenant  Thornton,  with  his  command,  (total 
twenty-nine)  to  Goliad,  to  i  elieve  Captain  Wyatt ; 
at  the  same  time  ordering  the  latter  to  join  the 
volunteers  at  Refugio.  I  found  much  difficulty 
in  prevailing  on  the  regulars  to  march  until  they 
had  received  either  money  or  clothing ;  and  their 
situation  was  truly  destitute  Had  I  not  suc- 
ceeded, the  station  at  Goliad  must  have  been  left 
without  any  defence,  and  abandoned  to  the 
enemy,  whatever  importance  its  occupation  may 
be  to  the  security  of  the  frontier.  Should  Bexar 
remain  a  military  post,  Goliad  must  be  main- 
tained, or  the  former  will  be  cut  off  from  all 
supplies  arriving  by  sea  at  the  port  of  Copano. 

On  the  evening  of  the  20th,  F.  W.  Johnson, 
Esq.,  arrived  at  Refugio,  and  it  was  understood 


212  LIFE  OF  HENRY  SMITH, 

that  he  was  empowered  by  the  General  Council 
of  Texas  to  interfere  in  my  command.  On  the 
21st,  and  previous  to  receiving  notice  of  his  ar- 
rival, I  issued  an  order  to  organize  the  troops  so 
soon  as  they  might  arrive  at  that  place,  agreeably 
to  the  u  ordinance  for  raising  aji  auxilliary  corps" 
to  the  army.  A  copy  of  the  order  I  have  the 
honor  to  enclose  herewith.  Mr.  Johnson  then 
called  on  me,  previous  to  the  circulation  of  the 
order,  and  showel  me  the  resolutions  of  the 
General  Council,  dated  14th  of  January,  a  copy 
of  which  I  forward  for  the  perusal  of  your  Excel- 
lency. 

So  soon  as  I  was  made  acquainted  with  the 
nature  of  his  mission,  and  the  powers  granted  to  J 
W.  Fannin,  Jr.,  I  could  not  remain  mistaken  as 
to  the  object  of  the  Council,  or  the  wishes  of  indi- 
viduals. I  had  but  one  course  left  for  me  to  pursue 
(the  report  of  your  being  deposed  had  also  reached 
me)  which  was,  to  return  and  report  myself  to 
you  in  person —inasmuch  as  the  objects  intended 
by  your  order  were,  by  the  extraordinary  con- 
duct of  the  Council,  rendered  useless  to  the 
country ;  and,  by  remaining  with  the  army,  the 
Council  would  have  had  the  pleasure  of  ascribing 
to  me  the  evils  which  their  own  conduct  and  acts 
will,  in  all  probability,  produce.  I  consider  the 


LIFE  OF  HENRY  SMITH,  213 

acts  of  the  Council  calculated  to  protract  the  war 
for  years  to  come ;  and  the  field  which  they  have 
opened  to  insubordination  and  to  agencies  with- 
out limit  (unknown  to  military  usage)  will  cost 
the  country  more  useless  expenditure  than  the 
necessary  expense  of  the  whole  war  would  have 
been,  had  they  not  transcended    their    proper 
duties.     Without  integrity  of  purpose,  and  well 
devised  measures,  our  whole  frontier  must  be 
exposed  to  the  enemy.    All  the  available  resources 
of  Texas  are  directed,  through  special  as  well  as 
general  agencies,  against  Matamoros ;  and  must, 
in  all  probability,  prove  as  unavailing  to  the 
interest  as  they  will  to  the  honor  of  Texas.    The 
regulars  at  Goliad  cannot  long  be  detained  at 
that  station  unless  they  should  get  supplies,  and 
now  all  the  resources  of  Texas  are  placed  in  the 
hands  of  agents  unknown  to  the  government  in 
its  formation,  and  existing  by  the  mere  will  of 
the  Council ;   and  will  leave  all  other  objects, 
necessary  for  the  defence  of  the  country,  neg- 
lected, for  the  waftt  of  means,  until  the  meeting 
of  the  Convention  in  March  next. 

It  was  my  wish,  if  it  had  been  possible,  to 
avoid  for  the  present,  the  expression  of  any 
opinion,  which  might  be  suppressed  in  the  present 
crisis.  But  since  I  reported  to  your  Excellency, 


214  LIFE  OF  HENRY  SMITH. 

having  had  leisure  to  peruse  all  the  documents  of 
a  controversial  nature  growing  out  of  the  relative 
duties  of  yourself  and  the  General  Council  to  the 
people  of  Texas,  a  resolution  of  the  Coucil  requir- 
ing of  me  an  act  of  insubordination  and  diso- 
bedience to  your  orders,  demands  of  me  that  I 
should  enquire  into  the  nature  of  that  authority 
which  would  stimulate  me  to  an  act  of  treason 
or  an  attempt  to  subvert  the  government  which 
I  have  sworn  to  support.  The  only  constitution 
which  Texas  has  is  the  "  Organic  Law."  Then 
any  violation  of  that  law,  which  would  destroy 
the  basis  of  government,  must  be  treason.  Has 
treason  been  committed  ?  If  so,  by  whom,  and 
for  what  purpose  ?  The  history  of  the  last  few 
weeks  will  be  the  best  answer  that  can  be  ren- 
dered. 

After  the  capitulation  of  Bexar,  it  was  under- 
stood at  headquarters  that  there  was  much 
discontent  with  the  troops  then  at  that  point,  and 
that  it  might  be  necessary  to  employ  them  in 
some  active  enterprise,  or  the*  force  would  dis- 
solve. With  this  information  was  suggested  the 
expediency  of  an  attack  on  Matamoros.  For  the 
purpose  of  improving  whatever  advantages  might 
have  been  gained  at  Bexar,  I  applied  to  your 
Excellency  for  orders,  which  I  obtained,  directing 


LIFE  OF  HENBY  SMITH.  215 

the  adoption  of  such  measures  as  might  be 
deemed  best  for  the  protection  of  the  frontier  and 
the  reduction  of  Matamoros,  This  order  was 
dated  1 7th  of  December,  and  on  the  same  day  I 
wrote  to  Colonel  James  Bowie,  directing  him,  in 
the  event  that  he  could  obtain  a  sufficient 
number  of  volunteers  for  the  purpose,  to 
make  a  descent  on  Matamoros ;  and  if  his  force 
would  not  justify  that  measure,  he  was  directed 
to  occupy  the  most  advanced  post,  so  as  to  check 
the  enemy,  and  by  all  means  to  place  himself  in 
a  situation  to  command  Copano.  Colonel  Bowie 
did  not  receive  the  order ;  having  left  Goliad  for 
Bexar,  he  was  not  apprised  of  it  until  his  arrival 
at  San  Felipe,  about  the  1st  of  January  inst.  My 
reason  for  ordering  Colonel  Bowie  on  the  service 
was  his  familiar  acquaintance  with  the  country, 
as  well  as  the  nature  of  the  population  through 
which  he  must  pass,  as  also  their  resources ;  and 
•to  this  I  freely  add,  there  is  no  man  on  whose 
forecast,  prudence  and  valor  I  place  a  higher 
estimate  than  Colonel  Bowie. 

Previous  to  tliis  time,  the  General  Council 
had  adopted  a  resolution  requiring  the  Governor 
to  direct  the  removal  of  the  headquarters  of  the 
army,  and  I  had  been  ordered  to  Washington  for 
their  establishment  until  further  orders.  I  had 


216  LIFE  OF  HENRY  SMITH. 

been  detained  awaiting  copies  of  the  ordinances 
relative  to  the  army.  Their  design  was  manifest, 
nor  could  their  objects  be  misapprehended,  though 
the  extent  to  which  they  were  then  carrying 
them  was  not  then  known.  Messrs.  Hanks  and 
Clements  (members  of  the  Council)  were  engaged 
in  writing  letters  to  individuals  in  Bexar,  urging 
and  authorizing  a  campaign  against  Matamoros, 
and  that  their  recommendations  might  bear  the 
stamp  of  authority,  and  mislead  those  who  are 
unwilling  to  embark  in  an  expedition  not  sanct- 
ioned by  government,  and  led  by  private  individ- 
uals, they  took  the  liberty  of  signing  themselves 
members  of  the  Military  Committee ;  thereby 
deceiving  the  volunteers,  and  assuming  a  charac- 
ter which  they  could  only  use  or  employ  in  the 
General  Council  in  proposing  business  for  the 
action  of  that  body.  They  could  not  be  altogether 
ignorant  of  the  impropriety  of  such  conduct,  but 
doubtless  could  easily  find  a  solid  justification  in 
the  bullion  of  their  patriotism  and  the  ore  of  their 
integrity.  Be  their  motive  whatever  it  might, 
many  brave  and  honorable  men  were  deluded  by 
it,  and  the  campaign  faas  commenced  upon 
Matamoros  under  Dr.  Grant,  as  "Acting"  Com- 
mander-in-Chief  of  the  Vounteer  Army — a  title 
and  designation  unknown  to  the  world.  But  the 


LIFE  OF  HENRY  SMITH.  217 

General  Council,  in  their  address  to  the  people  df 
Texas,  dated  January  llth,  state  that  "  they  never 
recognized  in  Dr.  Grant  any  authority  whatever 
as  an  officer  of  the  government  or  army,  at  the 
time."  They  will  not,  I  presume,  deny  that  they 
did  acknowledge  a  draft  or  order  drawn  by  him 
as  Acting  Commander-in-Chief,  amounting  to 
$750.  But  this  they  will  doubtless  justify  on  the 
ground  that  your  Excellency  commissioned  Gen. 
Burleson,  and,  of  course,  the  appointment  of  Dr. 
Grant,  as  his  Aid-de-Camp,  would  authorize  him 
to  act  in  the  absence  of  General  Burleson,  It  is 
an  established  principle  in  all  armies  that  a  staff 
officer  can  claim  no  command  in  the  line  of  the 
army,  nor  exercise  any  command  in  the  absence 
of  the  general,  unless  he  holds  a  commission  in 
the  line.  In  the  absence  of  General  Burleson, 
the  senior  Colonel,  in  the  absence  of  the  Colonel, 
the  Major,  or  in  his  absence,  the  senior  Captain, 
would  have  the  command ;  but  in  no  event  can 
the  aid  or  staff  officer,  unless  he  holds  a  com- 
mission in  the  line  of  the  army,  have  any  com- 
mand ;  and  his  existence  must  cease,  unless  he 
should  be  continued  or  reappointed  by  the  officer 
of  the  line  who  succeeds  to  the  command  in  the 
absence  of  his  superior.  When  General  Burleson 
left  the  army  his  aid  had  no  command,  but  the 


218  LIFE  OF  HENRY  SMITH. 

field  officer  next  in  rank  to  himself.  Then  who 
is  Dr.  Grant?  Is  he  not  a  Scotchman  who  has 
resided  in  Mexico  for  the  last  ten  years?  Does 
he  not  own  large  possessions  in  the  interior? 
Has  he  ever  taken  the  oath  to  support  the  organic 
law  ?  Is  he  not  deeply  interested  in  the  hundred- 
league  claims  of  land  which  hang  like  a  murky 
cloud  over  the  people  of  Texas  ?  Is  he  not  the 
man  who  impressed  the  property  of  the  people  of 
Bexar  ?  Is  he  not  the  man  who  took  from  Bexar, 
without  authority  or  knowledge  of  the  govern- 
ment, cannon  and  other  munitions  of  war,  to- 
gether with  supplies  necessary  for  the  troops  at 
that  station,  leaving  the  wounded  and  sick  desti- 
tute of  needed  comforts?  Yet  this  is  the  man 
whose  outrages  and  oppressions  upon  the  rights 
of  the  people  of  Texas  are  sustained  and  justified 
by  the  acts  and  conduct  of  the  General  Council. 
Several  members  of  that  body  are  aware 
'hat  the  interests  and  feelings  of  Dr.  Grant  are 
opposed  to  the  independence  and  true  interests 
of  the  people  of  Texas.  While  every  facility  has 
been  afforded  to  the  meditated  campaign  against 
Matamoros,  no  aid  has  been  rendered  for  raising 
a  regular  force  for  the  defence  of  the  country, 
nor  one  cent  advanced  to  an  officer  or  soldier  of 
the  regular  army,  but  every  hinderance  thrown 


LIFE  OF  HENRY  SMITH.  219 

in  the  way.  The  council  had  no  right  to  project  a 
campaign  against  any  point  or  place.  It  was  the 
province  of  the  governor,  by  his  proper  officers, 
to  do  so.  The  council  has  the  right  of  consent- 
ing or  objecting,  but  not  of  projecting.  The 
means  ought  to  be  placed  at  the  disposition  of  the 
Governor,  and  if  he,  by  himself  or  his  officers, 
failed  in  their  application,  while  he  would  be  re- 
sponsible for  the  success  of  the  armies  of  Texas, 
he  could  be  held  responsible  to  the  government, 
and  punishable;  but  what  recourse  has  the 
country  upon  agents  who  have  taken  no  oath 
and  given  no  bond  to  comply  with  the  powers 
granted  by  the  council  ? 

The  organic  law  declares,  in  article  third, 
that  "the  governor  and  General  Council  have 
power  to  organize,  reduce  or  increase  the  regular 
forces,"  but  it  delegates  no  power  to  create  army 
agents  to  supercede  the  commander-in-chief ,  as 
will  be  seen  by  reference  to  the  second  article 
of  the  "Military"  basis  of  that  law.  After 
declaring  that  there  shall  be  a  regular  army  for 
the  protection  of  Texas  during  the  present  war, 
in  the  first  article,  it  proceeds  in  the  second  to 
state  the  constituents  of  the  army :  "  The  regular 
army  of  Texas  shall  consist  of  one  major-general, 
who  shall  be  commander-in-chief  of  all  the  forces 


220  LIFE  OF  HENKY  SMITH. 

called  into  public  service  during  the  war."  This, 
it  will  be  remembered,  is  a  law  from  which  the 
council  derive  their  powers;  and,  of  course  all 
troops  in  service,  since  the  adoption  of  this  law, 
and  all  that  have  been  accepted,  or  to  be  accepted, 
during  my  continuance  in  office,  are  under  my 
command  Consequently  the  council  could  not 
create  an  agency  that  could  assume  any  command 
of  troops,  so  as  to  supercede  my  powers,  without 
a  plain  and  palpable  violation  of  their  oaths. 
New  names  given  could  not  change  the  nature 
of  their  obligations ;  they  had  violated  the  "  or- 
ganic law." 

I  will  now  advert  to  an  ordinance  of  their 
own  body,  entitled,  "  An  Ordinance  arid  Decree 
to  Organize  and  Establish  an  Auxiliary  Volun- 
teer Corps  of  the  Army  of  Texas,"  &c.,  passed 
December  5th,  1835.  The  ordinance  throughout 
recognizes  the  competency  of  the  governor  and 
commander-in-chief  as  the  only  persons  author- 
ized to  accept  the  services  of  volunteers  and 
makes  it  their  especial  duty  to  do  so.  It  also 
gives  the  discretion  to  the  commander-in-chief 
to  accept  the  services  of  volunteers  for  such 
term  as  "he  shall  think  the  defence  of  the 
country  and  the  good  of  the  service  require."  It 
is  specified  that  muster-rolls  shall  accompany  the 


LITE  OF  HENBY  SMITH.  221 

reports  of  volunteers,  and  when  reported  by  the 
commander-in-chief  to  the  governor,  that  com- 
missions shall  issue  accordingly.  Where  elections 
take  place  in  the  volunteer  corps,  the  ordinance 
declares  that  they  shall  be  certified  to  the  com- 
mander-in-chief, and  by  him  forwarded  to  the 
governor.  The  third  section  of  the  law  declares 
that  when  controversies  arise  in  relation  to  the 
rank  of  officers  of  the  same  grade,  they  shall  be 
determined  by  drawing  numbers,  which  shall  be 
done  by  order  of  the  commander-in-chief  of  the 
army.  This  law  was  enacted  by  the  General 
Council,  and  they  cannot  alledge  that  any  mis- 
construction could  arise  out  of  it,  for  it  plainly 
points  out  the  duties  of  the  governor  and  com- 
mander-in-chief, as  defined  by  themselves.  Yet, 
without  the  repeal  of  this  law,  they  have  proceeded 
to  appoint  agents  to  exercise  the  very  powers  de- 
clared by  them  to  belong  to  the  governor  and 
commander4n-rhief .  This  they  have  done  under 
the  impression  that  a  change  of  names  would 
enable  them  to  put  down  the  governor  and  com- 
mander-in-chief, not  subject  to  them  for  their 
places,  but  created  by  the  Consultation,  and  both 
of  whom  are  as  independent  of  the  council  as 
the  council  is  of  them — the  commander-in- 
chief  being  subject  to  the  organic  law,  and  all 


222  LIFE  Or  HENBY  SMITH. 

laws  conformable  thereto,  under  the  orders  of 
the  governor.  I  have  obeyed  the  orders  of  your 
Excellency  as  p;o'mptly  as  they  have  met  my 
knowledge ;  and  had  not  the  council,  by  acts  as 
outrageous  to  my  feelings  as  they  are  manifestly 
against  law,  adopted  a  course  that  must  destroy 
all  hopes  of  an  army,  I  should  yet  have  been  on 
the  frontier,  and  by  all  possible  means  I  would  at 
least  have  sought  to  place  it  in  a  state  of  defence. 
It  now  becomes  my  duty  to  advert  to  the 
powers  granted  by  the  General  Council  to  J.  W. 
Fannin,  jr.,  on  the  7th  of  January,  1836,  and  at 
a  time  when  two  members  of  the  Military  Com- 
mittee, and  other  members  of  the  council,  were 
advised  that  I  had  received  orders  from  your 
Excellency  to  repair  forthwith  to  the  frontier  of 
Texas,  and  to  concentrate  the  troops  for  the  very 
purpose  avowed  in  the  resolutions  referred  to. 
The  powers  are  as  clearly  illegal  as  they  were  un- 
necessary. By  reference  to  the  resolutions  it  will 
be  perceived  that  the  powers  given  to  J.  W.  Fan- 
nin, jr.,  are  as  comprehensive  in  their  nature, 
and  as  much  at  variance  with  the  organic  law 
and  the  decrees  of  the  General  Council,  as  the 
decress  of  the  General  Congress  of  Mexico  are  at 
variance  with  the  federal  constitution  of  1824, 
and  really  delegate  to  J.  W.  Fannin,  jr.,  as  ex- 


LIFE  OF  HENRY  SMITH.  223 

tensive  powers  as  those  conferred  by  that  Con- 
gress upon  General  Santa  Anna ;  yet  the  cant  is 
kept  up,  even  by  J.  W.  Fannin,  jr.,  against  the 
danger  of  a  regular  army,  while  he  is  exercising 
powers  which  he  must  be  satisfied  are  in  open 
violation  of  the  organic  law.  J.  W.  Fannin,  jr., 
is  a  Colonel  in  the  regular  army,  and  was  sworn 
in  and  received  his  commission  on  the  very  day 
that  the  resolutions  were  adopted  by  the  Council. 
By  his  oath  he  was  subject  to  the  orders  of  the 
commander-in-chief,  and  as  a  subaltern  could 
not,  without  an  act  of  mutiny,  interfere  with 
the  general  command  of  the  forces  of  Texas; 
yet  I  find  in  the  u  Telegraph  "  of  the  9th  inst.  a 
proclamation  of  his,  dated  on  the  8th,  addressd, 
" Attention,  Volunteers!"  and  requiring  them 
to  rendezvous  at  San  Patricio.  No  official 
character  is  pretended  by  him,  as  his  signature 
is  private.  This  he  did  with  the  knowledge  that 
I  had  ordered  the  troops  from  the  mouth  of 
the  Brazos  to  Copano,  and  had  repaired  to  that 
point  to  concentrate  them.  On  the  10th  inst. 
F.  W.  Johnson  issued  a  similar  proclamation, 
announcing  Matamoros  as  the  point  of  attack. 
The  powers  of  these  gentlemen  were  derived,  if 
derive  1  at  all,  from  the  General  Council  in  op- 
position to  the  will  of  the  Governor,  because  cer- 


224  LIFE  OF  HENRY  SMITH. 

tain  purposes  were  to  be  answered,  or  the  safety 
and  harmony  of  Texas  should  be  destroyed. 

Col.  Fannin,  in  a  letter  addressed  to  the 
General  Council,  dated  on  the  21st  January,  at 
Velasco,  and  to  which  he  subscribes  himself  "  J. 
W.  Fannin,  jr ,  Agent  Provisional  Government," 
when  speaking  of  anticipated  difficulties  with 
the  commander-in-chief,  allays  the  fears  of  the 
council  by  assuring  them,  "  I  shall  never  make 
any  myself,"  and  then  adds:  "The  object  in 
view  will  be  the  governing  principle,  and  should 
General  Houston  be  ready  and  willing  to  take 
command,  and  march  direct  ahead,  and  execute 
your  orders,  and  the  volunteers  to  submit  to  it, 
or  a  reasonable  part  of  them,  I  shall  not  say 
'nay,'  but  will  do  all  in  my  power  to  produce 
harmony."  How  was  I  to  become  acquainted 
faith  the  orders  of  the  council?  Was  it  through 
my  subaltern  ?  It  must  have  been  so  designed, 
as  the  council  have  not,  up  to  the  present  mo- 
ment, given  me  official  notice  of  the  orders  to 
which  Colonel  Fannin  refers.  This  modesty  and 
subordination  on  his  part  is  truly  commendable 
in  a  subaltern,  and  would  imply  that  he  had  a 
right  to  say  "  nay."  If  he  has  this  power,  whence 
is  it  derived  ?  Not  from  any  law — and  contrary 
to  his  sworn  duty  as  my  subaltern,  whose  duty 


LIFE  OF  HENRY  SMITH.  225 

is  obedience  to  my  lawful  commands,  agreeably 
to  the  rules  and  regulations  of  the  United  States 
army,  adopted  by  the  Consultation  of  all  Texas. 
If  he  accepted  any  appointment  incompatible 
with  his  obligation  as  a  Colonel  in  the  regular 
army,  it  certainly  increases  his  moral  responsi- 
bilities to  an  extent  which  is  truly  to  be  regretted. 
In  another  paragraph  of  his  letter  he  states : 
"  You  will  allow  that  we  have  too  much  division, 
and  one  cause  of  complaint  is  this  very  expedi- 
tion, and  that  it  is  intended  to  remove  General 
Houston." 

He  then  assures  the  council  that  no  blame 
shall  attach  to  him,  but  most  dutifully  says  :  UI 
will  go  where  you  have  sent  me,  and  will  do  what 
you  have  ordered  me,  if  possible."  The  order  of 
the  council,  as  set  forth  in  the  resolutions  appoint- 
ing Col.  Fannin  agent,  and  authorizing  him  to 
appoint  as  many  agents  as  he  might  think  proper, 
did  most  certainly  place  him  above  the  governor 
and  commander-in-chief  of  the  army.  Nor  is  he 
responsible  to  the  council  or  the  people  of  Texas. 
He  is  required  to  report,  but  he  is  not  required  to 
obey  the  council.  His  powers  are  as  unlimited 
and  absolute  as  Cromwell's  ever  were.  I  regard 
the  expedition  as  now  ordered  as  an  individual  and 
not  a  national  measure.  The  resolutions  passed 


226  LIFE  OF  HENBY  SMITH, 

in  favor  of  J.  W.  Fannin,  jr.,  and  F.  W.  Johnson, 
and  their  proclamations,  with  its  original 
start — Dr.  Grant — absolve  the  country  from  all 
responsibility  for  its  consequences.  If  I  had  any 
doubt  on  the  subject  previous  to  having  seen  at 
Goliad  a  proclamation  of  J.  W.  Fannin,  jr.,  sent 
by  him  to  the  volunteers,  I  could  no  longer  enter- 
tain one  as  to  the  campaign,  so  far  as  certain 
persons  are  interested  in  forwarding  it.  After  ap- 
pealing to  the  volunteers,  he  .concluded  with  the 
assurance  "that  the  troops  should  be  paid  out 
of  the  first  spoils  taken  from  the  enemy"  This,  in 
my  opinion,  connected  with  the  extraordinary 
powers  granted  to  him  by  the  council,  divests 
the  campaign  of  any  character  save  that  of  a 
piratical  or  predatory  war. 

The  people  of  Texas  have  declared  to  the 
world  that  the  war  in  which  they  are  now  en- 
gaged is  a  war  of  principle,  in  defence  of  their 
civil  and  political  rights.  What  effect  will  the 
declaration  above  referred  to  have  on  the  civilized 
world — when  they  learn  that  the  individual  who 
made  it  has  since  been  clothed  with  absolute 
powers  by  the  General  Council  of  Texas,  and,  that 
because  you,  [as  governor  and  command 3r-in- 
chief],  refused  to  ratify  their  acts,  they  have  de- 
clared you  no  longer  governor  of  Texas  ?  It  was 


LIFE  OF  HENRY  SMITH.  227 

stated  by  way  of  inducement  to  the  advance  on 
Matamoros,  that  the  citizens  of  that  place  were 
friendly  to  the  advance  of  the  troops  of  Texas 
upon  that  city.  They  no  doubt,  ere  this,  have  J. 
W.  Fannin's  proclamation,  (though  it  was  in  man- 
uscripts) arid,  if  originally  true,  what  will  now  be 
their  feelings  towards  men,  who  "are  to  be  paid 
out  of  the  first  spoils  taken  from  the  enemy."  The 
idea  which  must  present  to  the  enemy,  will  be,  if 
the  city  is  taken  it  will  be  given  up  to  pillage,  and 
when  the  spoils  are  collected,  a  division  will  take 
place.  In  war,  when  spoil  is  the  object,  friends 
and  enemies  share  one  common  destiny.  This 
rule  will  govern  the  citizens  of  Matamoros  in 
their  conclusions  and  render  their  resistance  des- 
perate. A  city  containing  twelve  thousand  inhab- 
itants will  not  be  taken  by  a  handful  of  men  who 
have  marched  twenty-two  days  without  bread- 
stuffs  or  necessary  supplies  for  an  army. 

If  there  ever  was  a  time  when  Matamoros 
could  have  been  taken  by  a  few  men,  that  time 
has  passed  by.  The  people  of  that  place  are  not 
aware  of  the  high-minded,  honorable  men  who 
fill  the  ranks  of  the  Texian  army.  They  will 
look  upon  them  as  they  would  look  upon  Mexican 
mercenaries,  and  resist  them  as  such.  They  too 
will  hear  of  the  impressment  of  the  property  of 


OFTHK 

UNIVERSITY 


228  LIFE  OF  HENRY  SMITH. 

the  citizens  of  Bexar,  as  reported  to  your  Excel- 
lency, by  Lieutenant-Colonel  Neill,  when  Dr. 
Grant  left  that  place  for  Matamoros,  in  command 
of  the  volunteer  army. 

If  the  troops  advance  on  Matamoros  there 
ought  to  be  a  co-operation  by  sea  with  the  land 
forces,  or  all  will  be  lost,  and  the  brave  men  who 
have  come  to  toil  with  us  in  our  marches  and 
mingle  in  our  battles  for  liberty,  will  fall  a  sacri- 
fice to  the  selfishness  of  some  who  have  individual 
purposes  to  answer,  and  whose  influence  with  the 
council  has  been  such  as  to  impose  upon  the 
honest  part  of  its  members;  while  those  who 
were  otherwise,  availed  themselves  of  every  arti- 
fice which  they  could  devise  to  shield  themselves 
from  detection. 

The  evil  is  now  done,  and  I  trust  sincerely 
that  the  1st  of  March  may  establish  a  govern- 
ment on  some  permanent  foundation,  where 
honest  functionaries  will  regard  and  execute  the 
known  and  established  laws  of  the  country,  agree- 
ably to  their  oaths.  If  this  state  of  things  cannot 
be  achieved,  the  country  must  be  lest.  I  feel,  in 
the  station  which  I  hold,  that  every  effort  of  the 
council  has  been  to  mortify  me  individually,  and, 
if  possible,  to  compel  me  to  do  some  act  which 
would  enable  them  to  pursue  the  ^ame  rneasres 


LIFE  OF  HENRY  SMITH.  229 

towards  me  which  they  have  illegally  done 
toward  your  Excellency,  and  thereby  remove  an- 
other obstacle  to  the  accomplishment  of  their 
plans.  In  their  attempts  to  embarrass  me  they 
were  reckless  of  all  prejudice  which  might  result 
to  the  public  service  from  their  lawless  course. 

While  the  council  was  passing  resolutions 
affecting  the  army  of  Texas,  and  transferring 
to  J.  W.  Fannin,  jr.,  and  F.  W.  Johnson  the 
whole  control  of  the  army  and  resources  of 
Texas,  they  could  order  them  to  be  furnished  with 
copies  of  the  several  resolutions  passed  by  that 
body,  but  did  not  think  proper  to  notify  the 
major-general  of  the  army  of  their  adoption; 
nor  have  they  yet  caused  him  to  be  fur- 
nished with  the  acts  of  the  council,  relative  to 
the  army.  True  it  is  they  passed  a  resolution  to 
that  effect,  but  it  never  was  complied  with. 
Their  object  must  have  been  to  conceal,  not 
promulgate  their  acts.  "They  have  loved  dark- 
ness rather  than  light  because  their  deeds  are 
evil." 

I  do  not  consider  the  council  as  a  constitu- 
tional body  nor  their  acts  lawful.  They  have  no 
quorum  agreeably  to  the  Organic  Law,  and  I 
am  therefore  compelled  to  regard  all  their  acts 
as  void.  The  body  has  been  composed  of  seven- 


230  LIFE  OF  HENRY  SMITH. 

teen  members,  and  I  perceive  that  the  act  of 
''suspension"  passed  against  your  Excellency  was 
by  only  ten  members  present ;  the  president  pro 
tern,  having  no  vote,  only  ten  members  remain 
when  less  than  twelve  could  not  form  a  quorum 
agreeably  to  the  Organic  Law,  which  required 
two  thirds  of  the  whole  body.  I  am  not  prepared 
either  to  violate  my  duty  or  my  oath,  by  yielding 
obedience  to  an  act  manifestly  unlawful,  as  it  is, 
in  my  opinion,  predjudicial  to  the  welfare  of 
Texas, 

The  lieutenant-governor,  and  several  mem- 
bers of  the  council,  I  believe  to  be  patriotic  and 
just  men;  but, there  have  been,  and  when  I  left  San 
Felipe  there  were,  others  in  that  body  on  whose 
honesty  and  integrity,  the  foregoing  facts  will  be 
.  the  best  commentary.    They  must  also  abide  the 
judgment  of  the  people.    I  have  the  honor  to  be, 
Your  Excellency's  obedient  servant, 

SAM  HOUSTON, 
Commander-in-Chief  of  the  Army. 

Gen.  Houston's  clear  exposition  of  facts, 
principles  and  military  law  so  fully  establishes 
the  factious  and  illegal  acts  of  the  council,  and 
so  incontrovertibly  upholds  the  attitude  of  Gov- 
ernor Smith,  as  to  need  neither  fable  nor  cun- 
ningly devised  subterfuge  in  its  support.  It  also 


LIFE  OF  HENRY  SMITH.  231 

graphically  reveals  the  astounding  state  of  suc- 
cessive facts  which  culminated  in  calling  forth 
the  indignant  and  denunciatory  communication 
of  the  9th  of  January  from  Governor  Smith. 

On  the  6th  of  January  Governor  Smith 
wrote  a  letter  to  Major  William  Ward,  of  the 
Georgia  Battallion,  then  encamped  in  the  terri- 
tory of  Brazoria.  This  was  after  having  had,  a 
short  time  before,  a  full  interchange  of  views 
with  Major  Ward  at  San  Felipe.  A  portion  of 
that  letter  is  here  presented. 

Dear  Sir. — I  am  sorry  to  say  that  much 
deep  laid  management  and  intrigue  have  been 
and  still  are  being  used  here  to  overthrow  the 
government  and  bring  about  an.  assimilation  of 
the  Mexican  policy.  It  keeps  me,  as  you  well 
know,  extremely  busy  to  counteract  their  plans. 

To  a  stranger,  like  you,  I  am  sorry  to  say  it, 
because  you  can  not  see  through  or  understand 
their  policy  and,  as  such,  must  be  at  a  loss  to 
know  whether  they  or  we  are  right.  I  perfectly 
understand  them.  You  do  not!  You  can  not 
imagine  to  what  the  heretofore  dominant  but 
now  expiring  party  would  resort  to  save  and 
sustain  their  heretofore  rascally  acquirements. 
They  consider  that  all  is  now  on  the  die ;  that  if 
honesty  is  sustained  and  Texas  becomes  inde- 


232  LIFE  OF  HENRY  SMITH. 

pendent,  all  by  us  honestly  gained,  would  be  so 
much  lost  to  them.  They  are  using  every  exer- 
tion, to  get  an  expedition  fitted  out,  to  suit  their 
own  purposes.  They  want  their  own  leaders, 
but  they  still  want  the  sanction  of  the  govern- 
ment. They  have  means,  and  many  of  the 
council  are  needy  and,  I  fear,  corrupt.  They 
are  at  least  timid,  and  lack  courage  and  firmness- 
They  (the  intriguers)  are  vigilant  and  spare  no 
pains  to  buy  up  men,  who  they  consider  would 
have  influence  with  the*  army.  I  wrell  know 
their  situation  and  plans,  and  if  they  should 
succeed,  I  honestly  tell  you,  Texas  is  lost  to  all 
honest  men.  They  may  overpower,  but  they 
can  not  deceive  me.  They  resort  to  every  kind 
of  intrigue,  and  management;  but  1  am  not 
idle.  They  wish  to  have  the  control  of  the  army 
in  fitting  out  the  expedition  and  finally  to  give 
laws  to  Texas.  But  I  confidently  hope,  that 
Texas  will  yet  become  herself,  and  be  ruled  by 
her  own  laws.  Every  man  that  is  not  in  favor 
of  Texas  becoming  independent  and  free,  distrust 
him!  Every  one  that  wishes  to  supercede  the 
commander-in-chief ,  or  not  recognize  him  in  his 
proper  place,  distrust  him !  I  have  anticipated 
them  and  ordered  the  commander-in-chief  forth- 
with to  proceed  to  the  frontier,  take  charge  of 


LIFE  OF  HENRY  SMITH.  238 

the  army,  establish  his  headquarters  at  the  most 
eligible  point,  and  to  immediately  concentrate 
his  troops,  at  the  different  points,  so  as  to  be  in 
readiness  for  active  operations,  at  the  earliest 
possible  day.  A  descent  will  be  made  on  Mata- 
moros,  as  soon  as  it  can  possibly  be  fitted  out. 
You  will  therefore  obey  the  order  given  to  you  as 
soon  as  circumstances  will  permit.  You  will 
however  not  forget  the  election,  (for  members  of 
the  independence  convention).  I  consider  that 
all  important.  Some  men  of  whom  I  have  cau- 
tioned you  are  making  bold  moves  to  become 
commanders-in-chief  of  expeditions.  I  will  rob 
them  of  the  army  and  they  will  be  flat. 

They  have  hoisted  a  flag  at  Bexar  for  inde- 
pendence, with  Gen.  Houston's  name  upon  it! 
This  I  have  learned  to  be  the  fact.  I  find  it 
necessary,  in  order  to  circumvent  them,  to  order 
Gen.  Houston  immediately  to  take  charge.  He 
will  obey  the  order  promptly. 
My  duties  are  arduous  in  the  extreme,  and  my 
situation  by  no  means  enviable.  Without  means, 
harrassed.  by  the  disbanding  of  a  mob,  called  an 
army,  a 'new  organization,  without  precedent,  to 
call  organization  and  system  out  of  anarchy  and 
confusion,  to  give  audience  to  all. 
I  have  been  placed  by  my  fellow  citizens,  on  the 


234  LIFE  OF  HENRY  SMITH. 

political  watch  tower.  I  feel  the  responsibility 
and  confidently  hope  I  may  prove  a  faithful 
sentinel.  On  one  point  however,  I  am  settled, 
the  country  shall  be  saved,  or  I  perish! 

You  will  communicate  this  to  Col.  (William 
G.)  Hill,  with  my  best  respects.  Tell  him  I  had 
not  time  to  write  him,  for  the  fiends  of  destruc- 
tion are  on  the  alert.  He  knows  my  situation 
and  will  excuse  me.  ***** 

Farewell, 
HENRY  SMITH. 

From  his  camp,  on  the  21st  of  January, 
after  having  learned  of  the  pretended  suspension 
of  the  governor,  Major  Ward,  [the  same  gallant 
gentleman  who  fell  as  Lieutenant-Colonel  in  the 
Fannin  massacre,  March  27,]  answered  Governor 
Smith's  letter,  in  terms  showing  his  full  agree- 
ment with  that  gentleman's  views  and  recogniz- 
ing him  as  the  rightful  and  only  governor.  He 
also  reports  the  vote  of  his  volunteers  for  four 
delegates  to  the  convention  of  independence 
thus:  James  Collings worth  157,  Asa  Brigham 
156,  Eiwin  Waller  150,  J.  S  D.  Byrom  150,  and 
Franklin  15.  He  said:  "Franklin  being  a 
Georgian,  some  voted  for  him,  but  I  hope  not 
enough  to  injure  our  cause,  I  consider  the  suc- 
cess of  the  independence  ticket  certain  in  this 


LIFE  OF  HENRY  SMITH.  235 

jurisdiction."  In  this  he  was  correct.  The  four 
gentlemen  named  were  triumphantly  elected 
and  their  names  subscribed  to  the  Declaration 
of  Independence,  on  the  2nd  day  of  March. 
Major  Ward  also  used  this  emphatic  language : 

"We  Georgians  came  here  to  defend  the 
cause  of  Texas.  Nothing  shall  deter  us  from 
pursuing  a  straightforward  course,  and  I  assure 
you  that  unless  independence  is  declared  in 
March,  every  man  will  lay  down  his  musket  and 
march  back.  But  if  independence  is  declared 
not  only  those  here  but  hundreds  of  others  will 
be  ready  to  shed  their  blood  in  the  cause  of 
Texas.  I  am  compelled  to  communicate  the 
mortifying  intelligence  that  a  few  of  our  men 
have  deserted  us;  but  I  hope  the  people  of  Texas 
will  not  distrust  all  Georgians  because  we  have 
a  few  cowardly  and  unprincipled  scoundrels 
among  us."  Again  he  says :  "I  am  under  last- 
ing obligations  to  you  for  the  frank  and  open 
manner  in  which  you  have  been  pleased  to  ad- 
dress me.  Allow  me  to  assure  you  that  the  con- 
fidence placed  in  me  shall  never  be  forgotten." 
It  was  expressions  like  this  from  volunteers  to 
which  Austin  took  exception  in  his  letter  to 
Eoyal  of  December  25th,  denouncing  Wharton. 


LIFE  OF  HENRY  SMITH, 

On  the  15th  Dr.  Charles  B.  Stewart,  the 
enlightened  Executive  Secretary,  presented  the 
following  reply  to  the  council's  command,  re- 
quiring him  to  plead  to  the  accusations  against 
him.  It  explains  itself. 

SAN  FELIPE,  January  15,  1836. 
To  the  President  and  members  of  the  Council  : 

Gentlemen. — Your  commands  requiring  me 
to  answer  to  the  charges  of  "contumely  and  con- 
tempt" for  your  honorable  body  in  non  obedience 
to  certain  resolutions,  I  will  endeavor  to  comply 
with. 

The  construction  which  I  have  and  am  com- 
pelled to  place  upon  the  16th  article  of  the 
Organic  Law  admits  no  room  for  me  to  consider 
the  existence  of  any  other  Provisional  Govern- 
ment, than  that  created  by  the  superior  power  of 
the  convention ;  which,  consisting  of  a  governor 
and  council,  constituting  a  Provisional  Govern- 
ment, were  to  exist  until  a  re  convention  or  the 
establishment  of  another  government. 

Your  honorable  body,  and  his  Excellency 
Henry  Smith,  thus  created,  it  is  my  duty  to 
regard,  the  one  as  the  proper  legislative  body, 
the  other  as  the  only  executive  power.  In  my 
own  capacity,  created  by  the  General  Council, 
claimed  by  the  Executive,  and  executing  the 


LIFE  OF  HENRY  SMITH.  237 

duties  of  an  officer  of  the  General  Council,  it  would 
be  difficult  to  determine  by  whom  I  should  be  con- 
trolled, did  not  the  nomination  and  appointment 
as  secretary  to  the  executive  department,  and 
the  duties  defined  in  the  law  creating  a  treasury, 
secretary,  &c.,  defining  their  duties,  clearly  place 
me  subject  to  the  Executive  head,  its  immediate 
control.  In  reason  and  truth  I  have  not  much  to 
alledge  to  absolve  myself  of  the  charges  above 
referred  to,  of  "contempt  of  the  representatives 
in  council  of  the  sovereign  people,"  and  if  possi- 
ble to  prevent  the  recurrence  of  them  by  such 
course  as  your  honorable  body  may  think  best  ; 
and  by  granting  me  permission  to  tender  my 
resignation. 

I  have  the  honor  to  be, 

CHAELES  B.  STEWART. 

Dr.  Stewart,  an  ardent  friend,  then  and  ever 
afterwards  to  Governor  Smith,  and  an  early 
advocate  of  independence,  was  endorsed  by  the 
people  of  the  municipality  of  Austin,  the  seat 
of  government,  by  an  election  to  the  convention, 
wherein  he  signed  the  Declaration  of  Independ- 
ence. He  subsequently  served  much  in  public 
life — was  one  of  the  framers  of  the  constitution 
of  1845  and  was  in  the  first  and  other  legisla- 
tures under  it ;  his  last  service  being  in  the  legis- 


238  LIFE  OF  HENRY  SMITH. 

lature  of  1882,  forty-six  years  later.  But  for 
great  deafness  for  many  years  his  services  would 
have  been  much  greater.  He  was  a  true  son  of 
South  Carolina — a  refined  and  elegant  gentle- 
man, and  lived  till  early  in  1886.  On  receipt  of 
his  reply  the  council  fined  him  $2,500  for  con- 
tempt and  suspended  him  from  the  office  he  had 
already  resigned.  But  none  of  them  or  their  ad. 
herents  every  undertook  to  collect  the  money. 

On  the  16th  of  January  the  <4  Acting"  gov- 
ernor sent  in  this  communication. 

Gentlemen. — I  beg  leave  respectfully  to  ask 
your  attention  to  the  importance  and  necessity 
of  having  a  secretary  to  the  Executive,  as  it  is 
difficult  if  not  impossible,  to  discharge  the  func- 
tions of  that  important  department  without  an 
efficient  person  to  fill  that  situation ;  and  allow 
me  to  ask,  as  a  particular  favor,  the  appointment 
of  E.  M.  Pease,  Esq.,  as  eminently  qualified  to 
perform  the  duties  of  the  office.  But]this,  as  also 
all  other  appointments,  being  exclusively  within 
your  province  to  make,  I  will  cheerfully  ac- 
quiesce in  any  selection  you,  in  your  better  judg- 
ment, may  deem  best  calculated  to  promote  the 
public  welfare. 

Letters  and  communications  daily  arrive  in 
this  place,  through  the  post  office,  by  express  and 


LIFE  OF  HENRY  SMITH.  239 

by  private  conveyance,  directed  to  "Henry  Smith, 
Governor  of  Texas."  I  would  ask  your  honora- 
ble body  to  direct  me,  as  my  legal  advisors, 
whether,  being  so  officially  directed,  I  ought  to 
open  them  as  the  only  legal  Executive.  I  am 
without  any  means  of  knowing  what  instruc- 
tions have  been  given  to  our  foreign  agents,  or  the 
Indian  commissioners,  or  orders  to  the  command- 
ing general,  or  any  officer  either  civil  or  military; 
neither  do  I  know  what  laws  are,  and  what  are 
not,  published.  And  as  the  order  of  your  honor- 
able body  make  it  my  imperative  duty  to  cause 
them  to  be  published  in  the  Telegraph  and  Reg- 
ister of  San  Felipe  de  Austin,  and  in  the  Texian 
and  Emigrant's  Guide  in  Nacogdoches,  it  will  be 
difficult  for  me  to  perform  my  duty  in  relation 
thereto,  unless  I  am  put  in  possession  of  the 
public  archives,  now  in  the  possession  of  my 
predecessor,  and  by  him  pertinaciously  withheld 
through  the  instrumentality  of  his  late  secretary. 
With  sentiments  of  great  respect, 

I  am  your  obedient  servant, 
Jan.  16,  1836.  JAMES  W.  ROBINSON. 

The  council  also  passed  a  resolution  appoint- 
ing a  committee  of  five,  in  event  of  there  not  being 
a  quorum  present,  two  thirds  of  the  members  being 
required,  "to  provide  expresses  for  the  acting 


240  LIFE  OF  HENRY  SMITH. 

Governor,  James  W.  Kobinson,  to  send  for  absent 
members  of  the  General  Council  and  to  aid  and 
counsel  the  Executive  aforesaid  in  giving  advice 
and  instructions  to  foreign  agents ;  to  carry  into 
effect  the  Indian  treaty,"  and  in  all  things  to  aid, 
advise,  assist,  instruct  in  any  manner  as  the  Gen- 
eral Council  should  act  co-operatively  with  the 
Executive.  [A  virtual  abdication  of  its  power.] 
Again  on  January  l?th,  the  last  day  on 
which  the  council  pretended  to  have  a  quorum, 
though  in  fact  they  did  not  and  had  not  had  a 
quorum  since  the  9th,  they 

Resolved,  That  a  committee  of  Finance  shall 
be  appointed  to  consist  of  three,  when  there  is 
not  a  quorum  of  members  of  the  General  Council 
present,  who  shall  be  and  are  hereby  authorized 
to  pass  and  allow  accounts  or  claims  against  the 
government  under  the  same  rules  and  restric- 
tions the  General  Council  has  heretofore  done, 
and  they  shall  be  and  are  hereby  vested  with  the 
same  equitable  power  that  now  vests  in  the  Gen- 
eral Council,  and  shall  have  the  power  to  draw 
for  contingent  expenses  and  to  do  all  other  acts  as 
fully  and  completely,  connected  with  the  object 
of  their  appointment,  as  the  General  Council  has 
heretofore  done ;  and  the  president  of  the  council 
shall  be  ex-officio  a  member  of  said  committee. 


.LIFE  OF  HENRY  SMITH.  241 

This  extraordinary  resolution,  adopted  when 
there  was  no  quorum,  was  as  illegal  as  its  phrase- 
ology was  awkward.  A  full  council  by  unanimous 
vote,  had  no  right  to  delegate  such  power  to  a 
c'ommittee. 

But  they  went  rarther  ana 

Resolved,  That  in  case  there  be  no  quorum  the 
"acting  governor  of  Texas'  be  and  is  hereby 
clothed  with  full  and  ample  power,  by  and  with 
the  advice  of  the  advising  committee,  to  enforce 
and  carry  into  effect  all  ordinances,  laws  and 
resolutions,  passed,  adopted  or  enacted  by  the 
General  Council  of  the  Provisional  Government 
and  all  other  laws  of  Texas 

On  the  same  eventful  day  Barrett  introduced 
and  the  council  passed  an  ordinance  creating  the 
office  of  marshal  of  Texas.  This  act,  in  the  last 
throes  of  dissolution,  as  will  be  speedily  shown, 
was  a  last  desperate  effort  to  subdue  and  conquer 
Governor  Smith  through  the  semblance  of  legal 
formality. 

Immediately  thereupon  John  H.  Money  was 
elected  marshal.  Then  succeeded  the  following 
farcical  proceedings,  rapidly  intensifying  the 
disgust  of  the  country  at  the  factious  course  of 
the  handful  who  yet  opposed  independence  and 


242  LIFE  OF  HENRY  SMITH. 

who  had  been  the  fomenters  of  the  discord  exist- 
ing in  the  military  defence  of  the  country. 

To  Henry  Smith,  Esq.,  late  Governor  of  Texas: 

In  accordance  with  the  following  resolution 
passed  by  the  General  Council  of  the  Provisional 
Government  of  Texas  on  the  17th  inst.,  viz: 

Be  it  resolved  by  the  General  Council  of  the 
Provisional  Government  of  Texas,  That  the  late 
Governor,  Henry  Smith  be,  and  he  is  hereby  re- 
quired, within  two  hours  after  notice  thereof 
given,  to  surrender  possession  of  all  the  papers, 
records,  public  correspondence  and  public  docu- 
ments of  every  kind  belonging  to  the  Executive 
department  of  Texas,  or  cause  the  same  to  be  de- 
livered to  the  proper  officer  of  this  government, 
who  is  authorized  to  receive  the  same ;  and  that 
due  notice  of  this  resolution  shall  be  given  the  late 
Governor,  Henry  Smith  aforesaid,  with  the  name 
of  the  officer  who  is  authorized  to  receive  the 
papers,  documents,  &c.,  as  aforesaid.  You  are, 
therefore,  hereby  notified  that  John  H.  Money, 
Marshal  of  Texas,  is  authorized  to  receive  all 
papers,  records,  public  correspondence  and  public 
documents  of  every  kind  belonging  to  the  Exec- 
utive Department,  now  in  your  possession,  or 


LIFE  OF  HENRY  SMITH.  243 

under  your  control  and  this  shall  be  the  notice 
required  to  be  given  by  the  resolution  aforesaid. 
SAN  FELIPE  DE  AUSTIN,  Jan.  19,  1836. 
JOHN  MCMULLEN, 

President  pro  tern  of  General  Council. 
JAMES  W.  ROBINSON, 

Acting  Governor. 
To  John  H.  Money,  Marshal  of  Texas. 

In  accordance  with  the  order  within  directed 
to  me,  I  executed  the  notice  on  Henry  Smith, 
late  Governor  of  Texas,  by  leaving  a  copy  with 
him  at  the  hour  of  three  o'clock,  p.  m.,  but  did 
not  obtain  the  papers,  he  refusing  to  give  them 

up. 

SAN  FELIPE  DE  AUSTIN,  20th  Jan.,  1836. 

J.  H.  MONEY, 
Marshal  of  Texas. 
This  brought  forth  the  following : 
To  John  H.  Money,  Esq.,  Marshal  of  Texas. 

You  will,  on  sight  or  knowledge  of  this,  pro- 
ceed to  serve  a  notice  of  this  date  upon  Henry 
Smith,  Esq ,  late  Governor  of  Texas,  and  receive 
the  papers,  &c.,  therein  specified,  if  he  gives  you 
possession  of  the  same,  and  make  return  of  your 
proceedings  to  this  department,  in  due  time. 

JAMES  W.  ROBINSON,   . 
Acting  Governor. 
SAN  FELIPE  DE  AUSTIN,  Jan,  20, 1836, 


244  LIFE  OF  HENRY  SMITH. 

On  the  next  day,  the  21st,  the  "Acting"  gov 
ernor  issued  this  mandate : 
To  John  H.  Money,  Marshal  of  Texas. 

IN  THE  NAME  OF  THE  PEOPLE  FEEE  AND  SOVEREIGN. 
We  command  you,  that  you  forthwith  pro- 
ceed to  take  from  the  possession  of  Henry 
Smith,  late  Governor  of  Texas,  all  papers,  records, 
public  correspondence,  and  public  documents  of 
every  kind,  belonging  to  the  Executive  Depart- 
ment of  Texas,  by  authority  of  a  resolution 
passed  by  the  General  Council  of  the  Provisional 
Government  of  Texas  on  the  17th  day  of  Jan- 
uary, 1836,  and  place  them  in  the  charge  and 
safe  keeping  of  the  Secretary  pro  tern  of  the 
Executive,  (Edward  B.  Wood,)  and  if  the  said 
Henry  Smith,  late  Governor  as  aforesaid,  or  any 
other  person  or  persons  shall  resist  you  in  the 
execution  of  this  command,  you  are  hereby 
further  commanded  to  call  to  your  aid  the  power 
of  the  country,  all  officers  of  the  civil  and  mili- 
tary, and  all  citizens  of  the  country,  who  are 
hereby  required  and  ordered  to  obey  your  call. 
And  make  due  return  of  this  writ  to  the  Execu- 
tive Department,  together  with  your  endorse- 
ment thereon  and  how  you  have  executed  the 

same  forthwith. 

JAMES  W.  EOBINSON, 

Jan.  21,  183$.  Acting  Governor. 


LIFE  OF  HENRY  SMITH.  245 

The  marshal,  on  the  next  day,  made  return 
in  the  subjoined  language : 

"In  accordance  with  the  order  within,  to  me 
directed,  I  demanded  the  public  documents 
therein  specified  of  Henry  Smith,  late  Governor 
of  Texas,  who  refused  to  give  them  up. 

I  proceeded  and  summoned  twelve  persons 
to  enforce  said  order,  nine  of  which  refused  to 
act.  J.  H.  MONEY, 

Jan.  22, 1836.  Marshal  of  Texas." 

P.  S.  Those  who  refused  to  act  were  John 
Rice  Jones,  (then  and  afterwards  Postmaster- 
General,)  Joshua  Fletcher,  M.  H.  Wenburn,  A. 
W.  Ewing,  W.  P.  Haft,  Moseley  Baker,  (Captain 

at  San  Jacinto,) Dr.  Eobert 

Peebles  and  "Don"  Jose  Baker,  (editor  of  the 
Telegraph)— 9. 

Those  who  were  willing  to  act  were  John  B. 
Johnson,  Thomas  Gay  and  H.  C.  Hudson— 3. 

Three  to  one !  Nine  to  three !  A  fair  index 
to  the  popular  sentiment  of  the  people  at  the 
time  as  between  Governor  Smith  and  the  rem- 
nant of  the  council  and  its  man  of  straw  styled 
"Acting  Governor." 

On  the  18th  Governor  Smith  had  addressed 
this  characteristic  note  to  Robinson,  the  Lieuten- 
ant-Governor,  then  inflated  with  the  vain  desire 
of  superseding  his  frank  and  independent  chief. 


246  LIFE  OF  HENEY  SMITH. 

SAN  FELIPE,  January  18,  1836. 
Sir — Circumstances  render  it  necessary  that 
I  should  address  you  on  the  present  occasion. 
When  once  I  have  formed  favorable  opinions  of 
a  man  from  hasty  acquaintance,  resting  alone 
on  the  circumstances  which  brought  it  about, 
I  feel  always  unwilling  to  change  that  favorable 
impression  unless  I  have  proofs  convincing, 
in  themselves,  that  my  prepossessions  have 
been  founded  in  error.  My  acquaintance  with 
you  is  of  that  description.  It  has  been  short, 
and  brought  about  by  circumstances.  My  im- 
pressions and  prepossessions  were  in  your  favor. 
I  have  treated  you  with  the  utmost  friendship  and 
courtesy,  and  would  like  to  continue  it  if  your 
own  acts  did  not  convince  me  that  my  confidence 
had  been  misplaced  If  so,  I  am  prompt  and 
decisive  in  my  feelings  and  character  as  a  public 
officer.  My  course  is  marked  and  I  will  pursue 
it.  I  have  lived  long  in  the  country;  I  have 
many  and  strong  friends,  who  have  confidence 
in  my  integrity,  and  will  sustain  me;  I  have 
nothing  to  fear  on  that  account.  An  intimation 
from  me  is  all  that  would  be  necessary.  You 
are  a  stranger  in  the  country  and  of  course  your 
claims  are  not  so  strong.  You  have  laid  your- 
self open  to  impeachment  or,  as  the  matter  now 


LIFE  OF  HENRY  SMITH.  247 

stands,  you  have  impeached  yourself.  You  have 
raised  the  seals  of  secresy  and  will  now  com- 
pel me,  against  my  will,  to  expose  you.  You 
have  a  right  to  know  I  was  willing  to  spare  you, 
but  you  now  force  me  to  it.  1  charged  your 
body  with  the  crime  of  passing  resolutions,  pred- 
icated on  false  premises,  without  a  quorum. 
You.  sir,  was  their  presiding  officer  and  certified 
to  me  their  acts  You  ought  not  to  certify  a 
wrong,  and  thereby  deceive  me.  You  are  cer- 
tainly liable  for  the  acts  which  you  certify.  You 
have  forced  yourself  into  my  power,  and  I  am 
sorry  for  it.  1  had  no  wish  to  expose,  injure,  or 
conflict  with  you.  I  know  my  duties  and  powers 
I  well  knew  I  could  not  adjourn  your  body  regu- 
larly without  their  consent,  but  I  also  knew  I 
could  take  the  responsibility  and  cut  off  their  cor- 
respondence. For  this  I  am  amenable  to  my 
peers  and  not  to  your  body  They  did  not  make, 
nor  can  they  break  me ;  nor  can  you,  with  all  the 
plastic  power  of  your  council  chamber,  upon 
what  you  may  vainly  conceive  to  be  my  ruin. 
You,  as  a  legal  and  sensible  man,  ought  to  know 
better.  You  must  not  assume  such  authority.  I 
will  not  have  my  prerogative  infringed.  I  pre- 
sume you  have  intercepted  correspondence 
directed  to  me  as  the  governor.  If  so,  I  consider 


248  LIFE  OF  HENRY  SMITH. 

it  an  assumption  on  your  part  and  one  of  which. 
I  have  a  right  to  complain.  My  feelings  towards 
you  have  been  kind  and  friendly,  and  I  would  be 
glad  for  such  to  continue,  but  I  believe  the  course 
you  have  pursued,  prompted  from  your  vain  and 
illusory  hopes,  will  compel  me  to  expose  you.  If 
so,  you  will  not  have  me  to  blame.  I  would 
willingly  evade  it.  I  would  advise  you  as  a 
friend,  to  consider  the  ground  which  you  occupy 
and  the  authority  by  which  you  act,  for  I  assure 
you  I  will  discharge  my  duty  as  an  officer  and 
act  promptly.  I  give  you  this  friendly  admoni- 
tion in  order  that  you  may  not  deceive  yourself. 

Respectfully, 
HENRY  SMITH. 
To  J.  W.  Robinson,  Esq. 

Reference  has  been  made  to  a  letter  from 
Austin  to  Houston,  written  in  New  Orleans,  Jan- 
uary 7th,  1836,  announcing  a  total  change  in  his 
views  in  regard  to  independence,  since  his  letter 
to  certain  members  of  the  council,  sixteen  days 
before,  written  at  Quintana,  December  22nd. 

An  old  veteran  of  the  Texas  revolution,  as 
this  work  progresses,  has  sent  the  author  a 
letter  just  pubished  in  the  San  Antonio 
Express  of  May  15th,  1887,  written  at  Quin- 
t?.3*.  "December  25th,  1835,  three  days  after 


LIFE  OF  HENRY  SMITH.  249 

that  to  members  of  the  council,  by  Austin  to  R 
R.  Eoyal.  It  was  a  private  letter,  preserved  as 
such  for  over  fifty-one  years,  but  has  thus  been 
made  public  property,  and  is  thQrefore  inserted 
in  full. 

QUINTANA,  December  25,  1835. 
Dear  Sir. — The  affairs  of  Texas  are  more 
entangled  than  I  suspected  they  were.  While 
the  real  friends  of  the  country  have  been  labor- 
ing in  good  faith  for  the  general  good  of  all,  a 
few  men,  an  unprincipled  party,  have  clanned 
together  to  get  possession  of  the  public  affairs  to 
promote  their  own  aims  of  ambition  and  personal 
aggrandisement.  There  has  been  much  low 
intrigue,  and  amongst  others  I  have  been  de- 
ceived and  treated  with  bad  faith.  My  whole 
thoughts  and  soul  were  devoted  to  the  common 
cause  of  Texas,  and  I  could  not  suffer  even  my 
suspicions  to  descend  so  low  as  to  suppose  that 
there  were  individuals  who  could  be  influenced 
by  any  other  motives  than  purely  patriotic  ones. 
I  ought  to  have  known  better,  but  I  was  unwill- 
ing to  believe  that  so  much  bad  faith  and  political 
dishonesty  and  low  intrigues  existed  as  I  am  now 
compelled  to  believe  has  been  and  no  doubt  will 
continue  to  be  practiced  by  Wharton  and  a  few 
others. 


250  LIFE  OF  HENRY  SMITH. 

What  ought  the  owners  of  the  soil,  the  old 
settlers  of  Texas,  who  have  redeemed  this  country 
from  the  wilderness  and  made  it  what  it  is,  think 
of  men  who  will  collect  the  signatures  of  persons 
on  their  first  landing,  who  had  not  been  here  a 
day,  or  only  a  few  days  in  the  country,  and 
attempt  to  impose  a  paper  thus  signed  upon  the 
world  as  the  opinion  of  the  people  of  Texas  ?  This 
has  been  done  here,  and  a  large  number  of 
names  collected  to  a  paper  for  declaring  inde- 
pendence. It  is  time  for  the  people  of  Texas 
to  look  to  their  true  interest  and  distinguish  be- 
tween those  who  serve  them  in  good  faith  and 
those  who  are  mere  political  jugglers  and  base 
political  intriguers. 

I  am  associated  in  a  mission  to  the  United 
States  with  a  man  that  I  cannot  act  with — a  man 
whose  conduct  proves  that  he  is  destitute  of 
political  honesty,  and  whose  attention  is  much 
more  devoted  to  injure  me  than  to  serve  the 
country.  I  mean  Wharton.  Dr.  Archer,  I  be- 
lieve, is  governed  by  pure  intentions,  but  he  is 
very  wild,  as  I  think,  as  to  his  politics,  and  too 
much  inclined  to  precipitate  this  country  into 
more  difficulties  than  there  is  any  necessity  for. 
Associated  with  such  men,  what  have  I  to  expect  ? 
or  what  has  the  country  to  hope?  The  war  is 


LIFE  OF  HENRY  SMITH.  251 

now  taken  beyohd  the  limits  of  Texas.  Why 
bring  it  back  by  adopting  such  a  course  as  must 
and  will  turn  all  parties  in  Mexico  against  us  ? 
Will  the  people  of  this  country  suffer  themselves 
to  be  jeopardized  in  this  manner  by  a  few  men 
who  attempt  to  assume  their  voice  ? 

I  have  given  my  opinion  on  these  matters 
in  a  letter  to  the  Provisional  Government,  which 
Col.  Fannin  takes  up,  and  to  which  I  refer  you. 
[His  letter  of  December  22nd].  The  fact  is  that 
Texas  is  now  in  the  hands  of  a  party,  and  the 
whole  objects  of  this  party  are  to  retain  the 
power  and  serve  themselves.  If  they  are  not 
checked  they  will  saddle  the  people  with  an  army 
and  a  debt,  and  involve  them  in  a  war  that  will 
ba  difficult  to  bear.  The  people  ought  to  look  to 
their  interests  before  it  is  too  late.  I  find  that  I 
have  but  little  to  expect,  that  is  if  I  am  to  judge 
of  the  future  by  the  past  few  months,  and  that 
I  can  be  of  but  little  use  to  Texas.  I  go  on  this 
mission  from  a  sense  of  duty.  It  is  a  bad  exam- 
ple for  any  one  to  refuse  the  call  of  the  people 
when  the  country  is  in  difficulty.  I  have  been 
called  to  go,  and  I  obey  the  call;  but  if  party 
influence  and  low  intrigue  and  cabals  are  to 
govern  Texas,  I  wish  to  have  as  little  to  do  with 
her  affairs  in  future  as  possible. 


252  LIFE  OF  HENRY  SMITH. 

Perhaps  I  am  myself  somewhat  to  blame. 
My  unsuspicious  disposition  and  the  great  im- 
portance I  have  always  attached  to  union  and 
harmony,  may  have  led  me  into  errors  by  trust, 
ing  and  countenancing  men  who  w^ere  unworthy 
of  my  notice  or  of  confidence.  When  I  arrived 
here  last  September  I  found  the  country  dis 
tracted  and  divided.  My  first  object  was  to  try 
and  unite  and  harmonize,  and  I  set  the  example 
by  harmonizing  and  acting  with  my  personal 
enemies.  I  did  it  in  good  faith  and  in  the  firm 
belief  that  I  was  serving  Texas  by  such  a  course. 
Had  there  been  good  faith  in  the  men  I  thus 
attempted  to  harmonize,  it  would  have  been  a 
service  to  the  country,  but  there  was  not,  and 
for  this  reason  the  course  I  adopted  did  harm 
I  find  that  parties  must  and  will  exist.  I  have 
heretofore  tried  to  keep  them  down.  I  have 
never  been  a  party  man,  but  in  future  I  believe 
the  public  good  will  be  promoted  by  having  the 
parties  clearly  and  distinctly  marked— let  a  line 
be  drawn  between  them — let  the  people  under- 
stand that  such  a  line  is  drawn  and  judge  for 
themselves.  Jackson's  rule  is  a  true  one — every- 
thing for  friends  and  nothing  for  enemies. 

I  beg    leave  to  recommend  my  friend   Col- 
Fannin  to  you  and  my  friends  generally  as  a 


LIFE  OF  HENRY  SMITH.  253 

man  who  is  identified  with  the  soil  and  interests 
of  Texas,  and  an  honorable  soldier. 

Farewell, 
S.  F.  AUSTIN. 

The  allusion  to  the  signatures  obtained  of 
newly  arrived  persons,  probably  not  understood 
at  the  time  by  Gen.  Austin,  was  an  expression 
by  volunteers  from  the  United  States  that  they 
desired  to  fight  for  Texas  as  a  Republic,  and  not 
as  a  mere  province  of  Mexico. 

The  old  veteran  sending  this  newly  published 
letter  to  the  author  says:  "The  schemers  and 
low  intriguers  mentioned  by  Austin,  were  the 
patriotic  founders  of  INDEPENDENT  TEXAS,  now 
the  Empire  State  of  our  Union.  Austin  stigma- 
tizing Wm.  H.  Wharton  as  destitute  of  honesty  is 
exasperating  to  all  who  knew  him  intimately. 
I  do  not  believe  that  a  purer,  more  honest  or 
patriotic  person  existed  on  Texas  soil  at  that 
time.  In  fact,  a  man  with  such  a  wife  as  he  had, 
could  not  be  otherwise." 

Thirteen  days  later  Austin  wrote  the  follow- 
ing to  Gen.  Houston,  a  knowledge  of  which  be- 
coming public  soon  after,  destroyed  the  last  hope 
of  the  enemies  of  independence,  both  in  and 
outside  of  the  council,  who  seem  to  have  relied  on 
Austin's  course  in  the  United  States  as  calculated 
to  strengthen  their  cause. 


254  LIFE  OF  HENRY  SMITH. 

NEW  ORLEANS,  January  7,  1836. 
Gen.  Sam  Houston : 

Dear  Sir. — In  all  our  Texas  affairs,  as  you 
are  well  apprised,  I  have  felt  it  my  duty  to  be 
cautious  in  involving  the  pioneers  and  actual 
settlers  of  the  country  by  any  act  of  mine  until 
I  was  fairly  and  fully  convinced  of  the  necessity 
and  capabilities  of  our  country  to  sustain  it. 
Hence  it  is  that  I  have  been  censured  by  some 
for  being  over  cautious.  Where  the  fate  of  a 
whole  people  is  in  question,  it  is  difficult  to  be 
over  cautious  or  too  prudent.  .Besides  these  gen- 
eral considerations,  there  are  others  which  ought 
to  have  weight  with  me  individually.  I  have 
been  either  directly  or  indirectly  the  cause  of 
drawing  many  families  to  Texas ;  also  the  situa- 
tion and  circumstances  in  which  I  have  been 
placed  have  given  considerable  weight  to  my 
opinions.  This  has  thrown  a  heavy  responsibility 
upon  me ;  so  much  so  that  I  have  considered  it 
my  duty  to  be  prudent,  and  even  to  control  my 
own  impulses  and  feelings.  These  have  long 
been  impatient  under  the  state  of  things  which 
has  existed  in  Texas  and  in  favor  of  a  speedy 
and  radical  change.  But  I  have  never  approved 
of  the  course  of  forestalling  public  opinion  by 
party  or  partial  meetings,  or  by  management  of 


LIFE  OF  HENEY  SMITH.  255 

"  any  kind.  The  true  course  is  to  lay  facts  before 
the  people  and  let  them  judge  for  themselves.  I 
have  endeavored  to  pursue  this  course. 

A  question  of  vital  importance  is  yet  to  be 
decided  by  Texas,  which  is  a  Declaration  of 
Independence.  When  I  left  Texas  I  thought  it 
was  premature  to  stir  this  question  and  that  we 
ought  to  be  very  cautious  of  taking  any  step  that 
would  make  the  Texas  war  purely  a  national 
war,  which  would  unite  all  parties  against  us, 
instead  of  it  being  a  party  war,  which  would 
secure  to  us  the  aid  of  the  federal  party.  In  this 
I  acted  contrary  to  my  own  impulses,  for  I  wish 
to  see  Texas  free  from  religious  intolerance,  and 
other  anti  republican  restrictions,  and,  independ- 
ent at  once ;  and,  as  an  individual,  have  always 
been  ready  to  risk  my  all  to  obtain  it;  but  I 
could  not  feel  justifiable  in  precipitating  and 
involving  others  until  I  was  fully  satisfied  that 
they  would  be  sustained.  Since  my  arrival  here 
I  have  received  information  which  has  satisfied 
me  on  that  subject.  I  have  no  doubt  we  can 
obtain  all  and  even  much  more  help  than  we 
need.  I  now  think  the  time  has  come  for  Texas 
to  assert  her  natural  rights,  and  were  I  in  the 
convention  I  would  urge  an  immediate  Declara- 
tion of  Independence.  I  form  this  opinion  from 


256  LIFE  OF  HENRY  SMITH. 

the  information  now  before  me.  .  I  have  not- 
heard  of  any  movement  in  the  interior  by  the 
federal  party  in  favor  of  Texas,  or  of  the  consti 
tution.  On  the  contrary,  the  information  from 
Mexico  is,  that  all  parties  are  against  us,  owing 
to  what  has  already  been  said  and  done  in  Texas 
in  favor  of  independence  and  that  we  have  noth- 
ing to  expect  from  that  quarter  but  hostility. 
I  am  acting  on  this  information,  if  it  be  true, 
and  I  have  no  reason  to  doubt  it.  Our  present 
position  in  favor  of  the  republican  principles  of 
the  constitution  of  1824  can  do  us  no  good,  and  it 
is  doing  us  harm  by  deterring  that  kind  of  men 
from  joining  us  that  are  most  useful. 

I  know  not  what  information  you  may  have 
in  Texas  as  to  the  movements  of  the  federal 
party  in  our  favor,  nor  what  influence  they 
ought  to  have  on  the  decision  of  this  question, 
this  being  a  matter  on  which  the  convention 
alone  can  determine.  I  can  only  say,  that  with 
the  information  now  before  me,  I  am  in  favor  of 
an  immediate  Declaration  of  Independence. 
Santa  Anna  was  at  San  Luis  Potosi  at  last  ac- 
counts marching  on  rapidly  with  a  large  force 
against  Texas.  We  must  be  united  and  firm  and 


LIFE  OF  HENRY  SMITH.  257 

look  well  to  the  month  of  March,  mi  be  ready. 
I  shall  try  to  be  at  home  by  that  time, 

Yours  respectfully, 

S  F.  AUSTIN. 

On  the  22nd  of  January  Governor  Smith 
issued  the  following : 

ADDRESS  TO  THE  PEOPLE  OF  TEXAS— USURPATION 
AND  CORRUPTION. 

Fellow  Citizens.  —  Placed  on  the  political 
watch-tower  by  your  suffrage,  1  consider  it  my 
duty  to  guard  and  protect  your  interests.  As  the 
Executive  officer  of  the  government  recently 
organized,  provisionally,  from  necessity  as  a  first 
step  from  anarchy  and  confusion,  I,  with  diffi- 
dence and  honest  intentions  entered  on  the  duties 
of  my  office. 

The  government  so  organized,  it  will  be 
found  by  a  reference  to  the  Organic  Law,  is  cir- 
cumscribed, both  in  its  powers  and  its  duties.  I 
consider  that  the  council  on  their  part,  have  per- 
formed all  the  duties  contemplated  by  that  law, 
and  from  their  recent  conduct,  have  become  a 
nuisance,  and  a  heavy  tax  to  the  public,  without 
producing  any  benefit.  Circumstances  have 
recently  rendered  it  necessary  for  me  to  take  a 
bold  and  decisive  course  with  the  council ;  some 
of  whom  I  considered  had  amalgamated  and 


258  LIFE  OF  fetENRY  SMITH. 

united  themselves  with  the  speculators  and 
swindlers,  whose  aim  has  ever  been  to  trammel 
and  ruin  the  true  interests  of  the  country.  I 
found  the  conspiracy  had  become  strong,  and 
that  exceptions  taken  by  me,  although  it  would 
screen  me  from  public  censure,  yet  would  not 
protect  the  interests  of  the  country.  And  these, 
with  similar  reasons,  impelled  me  to  the  course 
I  have  pursued.  The  communication  from  me 
to  the  council,  of  which  they  complain,  under 
date  of  the  9th  inst.,  was  not  a  public  corres- 
pondence, nor  was  it  intended  for  the  public  eye- 
It  was  a  private  correspondence  addressed  to  a 
secret  session  [to  be  convened  at  his  request,  Jan- 
uary 10th,  being  Sunday,]  and  intended  to  arouse 
the  honest  to  watchfulness,  and  goad  the  dis- 
honest as  they  deserved.  They  have,  however, 
committed  a  breach  of  faith,  torn  open  the  seals, 
and  published  to  the  world  their  infamy.  They 
have  created  offices  which  have  been  filled  by 
themselves  and  their  minions,  until  they  have 
become  contemptible  in  numbers  and  conduct. 
They  have  made  public  a  private  document, 
which  cannot  be  well  understood  by  any  but 
themselves,  as  it  refers  to  their  own  acts,  which 
have  not  been  made  public.  They  have  come 
out  with  a  long,  well  written  tissue  of  falsehoods, 


LIFE  OF  HENRY  SMITH.  259 

and  I  have  all  the  necessary  documents  to  prove 
it  to  be  so;  but  I  have  no  wish,   by  way  of 
recrimination,  to  trouble  the  public.     They  are 
well  paid  for  writing,  but  I  have  more  important 
duties  to  perform.     I  have  no  wish  to  trouble  the 
public,   but  their  interest  I  will  protect.     The 
imputations  were  strong,  pointed  and  they  felt 
them  as  1   intended  they  should.      They  have 
published  their  own  infamy  to  the  world,  by 
way  of  exciting  public  sympathy.    In  my  private 
correspondence  I  screened  their  president;  but 
in  my  public  I  dare  not.     He  was  a  stranger  to 
me,  and  to  most  of  you,  and  as  such  I  had  no 
wish  to  impeach  him,  and  was  willing  to  make 
every  possible  allowance ;  but  his  conduct  proves 
him  to  be  a  vain  man,  and  easily  tickled  into 
office.     It  is  a  bad  omen  to  see  a  man  attempt  to 
climb  over  what  he  vainly  conceives  to  be  anoth- 
er's ruin,  and  seize  with  avidity  the  guberna- 
torial reins,  intercept  the  public  correspondence, 
and  proclaim  himself  the  governor  of  the  land. 
I  say  to  him  he  walks  on  deceitful  ashes,  undei- 
neath  which  there  is  fire.     My  own  claims  are 
slight  enough,  not  having  emanated  from  the 
people,  but  from  a  convention  of  the  representa- 
tives of  the  people.      He  derives  his  authority 
from  a  bold  assumption  of  power,  aided  by  a 


260  LIFE  OF  HENRY  SMITH. 

goaded  council,  and  in  part  corrupt,  insignificant 
in  numbers,  and  who  are  only  the  representatives 
of  the  representatives  of  a  very  small  portion  of 
the  people  of  Texas.  They,  however,  seem  to 
think  that  the  fate  of  the  country  is  in  their 
hands,  and  depends  solely  on  their  continued 
presence  in  the  council  hall,  and  that  their  ad- 
journment will  bring  down  inevitable  ruin  on 
the  country.  But,  fellow  citizens,  I  feared  they 
had  too  much  the  fate  of  the  country  in  their 
hands.  This  was  one  grand  reason  why  I  wished 
them  adjourned.  If  1  should  be  permitted  to 
judge,  I  would  suppose  the  planetary  system 
would  receive  no  great  shock;  that  the  sun 
would  continue  to  rise  and  set,  as  formerly;  the 
earth  continue  its  rotary  motion ;  that  we  would 
still  be  blessed  with  seed  time  and  harvest,  and 
that  if  the  wheels  of  this  government,  now  put 
in  motion,  should  from  any  cause,  become 
clogged  or  impeded,  they  were  notified  that  they 
tvould  be  immediately  called  by  proclamation. 
I  know  my  duties,  and  I  know  my  powers.  I 
am  well  aware  I  had  not  the  power  to  adjourn 
the  council  without  their  co  operation  or  consent  ; 
but  I  knew  I  could  cut  off  their  correspondence, 
with  my  department,  and  prevent  them  from  do- 
ing further  mischief  until  the  convention  met,  and 


LIFE  OF  HENRY  SMITH.  261 

be  accountable  to  the  people  for  so  doing.  I  also 
well  knew  that  they  did  not  make,  nor  can  they 
break  me.  For  my  conduct,  I  am  amenable  to  my 
peers,  and  not  to  the  council.  They  have  long 
been  without  a  constitutional  quorum,  and  they 
had  a  presiding  officer  whose  duty  it  was  to  know 
the  fact,  and  not  make  false  certificates  to  me, 
calculated  to  deceive,  to  the  injury  of  the  public, 
and  I  would  permit  it  no  longer.  They  have 
taken  exceptions,  and  preferred  their  charges 
and  specifications,  in  substance  and  form,  on 
which  I  have  joined  issue.  They  notified  me, 
if  I  did  not  appear  in  three  days  and  plead,  that 
the  trial  would  go  on  before  the  council,  ex  parte ; 
or  that  I  might  appear  and  plead  in  convention. 
I  acknowledged  the  receipt  of  the  charges  pre- 
ferred, and  made  a  demand  of  the  president  for 
a  list  of  the  names  of  the  members  present  and 
up  to  the  first  of  the  month,  inclusive;  for  by 
their  own  acts,  and  the  testimony  of  their  own 
body,  I  expected  to  acquit  myself  of  all  the 
charges  preferred  against  me;  and  that,  inas- 
much as  I  had  already  been  condemned  by  their 
body,  reason  would  direct  the  latter  alternative, 
and  that  as  a  public  officer  I  was  amenable  to 
my  peers,  and  to  none  other.  They  have  re- 
fused or  neglected  to  furnish  the  list,  and  instead 


262  LIFE  OF  HENRY  SMITH. 

thereof,  the  usurper  has  made  a  peremptory 
demand,  (by  his  officer,  whom  he  styles  a  mar- 
shal,) of  all  the  archives  of  my  office,  and  that 
two  hours  only  were  allowed  for  me  to  make  the 
delivery.  This  I  view  as  an  unwarranted  out- 
rage, amounting  to  treason;  for  I  had  notified 
them,  that  on  those  very  acts  I  predicate  my 
defence.  I  appeal  fellow  citizens,  not  for  your 
sympathies,  I  appeal  for  justice;  even-handed 
justice  is  all  I  ask  at  your  hands.  My  acts  are 
open  to  your  investigation.  If  I  have  betrayed 
the  important  trust;  if  I  have  erred,  either  by 
omission  or  commission,  I  hold  myself  amenable 
to  you.  If  my  rights  and  immunities,  as  your 
Executive  officer,  have  been  insulted  and  in- 
fringed, punish  the  intruders  and  aggressors, 
their  counsellors,  aiders,  and  abettors,  promptly, 
and  restore  the  legitimate  action  of  the  govern- 
ment. This  is  the  second  time  I  have  been 
interrupted  in  the  regular  discharge  of  my 
functions  as  the  chief  Executive  of  Texas,  in 
the  course  of  a  few  months;  first  by  a  Mex- 
ican, who  was  prompted  to  grasp  the  reins, 
and  now  by  an  usurper,  whose  vanity  has 
prompted  him  to  mount  the  gubernatorial  chair, 
proclaim  himself  governor,  and  rule  the  desti- 
nies of  the  country.  If  these  things  are  permit- 
ted to  go  unpunished,  what  can  we  expect  but 


LIFE  OF  HENRY  SMITH.  263 

confusion,  followed  by  ruin  and  disgrace ;  preda- 
tory parties  fitted  out  by  land  and  sea,  on  the 
faith  and  the  credit,  and  I  may  justly  say,  the 
ruin  of  the  country.  The  siege  of  Bexar,  with 
the  consequences  and  subsequent  management, 
I  would  suppose,  ought  to  be  sufficient  to  teach 
us  a  lesson.  That  fortress,  the  reduction  of 
which  has  cost  us  so  much,  is  now  stripped  and 
left  with  only  seventy  naked  men,  destitute  of 
clothing,  provisions,  ammunition  and  every 
comfort,  and  the  country  pillaged  by  impress- 
ments, and  on  the  last  advices,  threatened  by  a 
large  invading  Mexican  army,  who,  hearing  of 
the  weakened  situation  of  that  garrison,  had 
determined  to  retake  it.  For  these  predatory 
expeditions,  means  can  be  raised  on  the  faith  and 
credit  of  the  government,  but  not  one  dollar  for 
honest  purposes — not  even  provisions  to  feed  the 
weary  soldiers.  These  things  are  brought  about 
by  intriguing,  designing  men,  who  seek  not  to 
promote,  but  undermine,  trammel,  and  finally 
rain  the  country,  aided  by  the  improvident  acts 
of  a  corrupt  council. 

What  I  have  done,  be  it  considered  good  or 
bad,  has  been  done  for  the  best  of  reasons,  and 
from  the  purest  motives.  I  frankly  acknowl- 
edge, that  I  knowingly  and  wilfully  set  the 


264  LIFE  OF  HENRY  SMITH. 

match !  I  have  thrown  myself  into  the  breach ! 
and  whatever  the  consequences  may  be  to  me  as  an 
individual,  I  honestly  own  to  you,  it  is  a  sacrifice 
I  have  willingly  made  at  the;  shrine  of  the  public 
good.    The  agitated  state  of  the  country  renders 
it  necessary  that  I  should  exercise  the  powers 
delegated  to  me  in  the  4th  section  of  the  Organic 
Law,  and  I  now  call  upon  you,  fellow-citizens,  as 
the  militia  of  the  country,  to  aid  and  assist  in 
carrying  it  into  effect.    I  only  ask  at  your  hands, 
as  your  Executive  officer,  to  see  justice  adminis- 
tered to  me  and  yourselves.    The  speculating, 
intriguing  conspirators,   must  be  punished,   or 
your  interests  will  be  ruined.    All  officers  of  the 
army  and  navy  belonging  to  Texas,  or  marshaled 
within  its  limits,  are  hereby  notified  that  they 
will  bQ  held  strictly  amenable  to  the  laws ;  and 
at  all  times,  when  circumstances  require  it,  to 
carry  into  effect  the  4th  section  of  the  Organic 
Law,   in  conformity  with  its  provisions,      The 
proper  officers  of  this  government  ivill  fit  out  expe- 
ditions whenever  they  deem  it  expedient  to  do  so. 
But  this  government  will  not  be  amenable,  or 
countenance  any  predatory  expeditions  calculated 
to  embarrass  its  circumstances,   or  compromit 
its  honor.  HENRY  SMITH, 

Governor. 
SAN  FELIPE  DE  AUSTIN,  Jan,  22, 1S36. 


LIFE  OF  HENRY  SMITH.  265 

To  show  the  effect  produced  on  the  soldiers 
in  the  field  by  the  warfare  on  Governor  Smith, 
the  following  letter  from  one  of  the  most  gallant 
of  their  number,  is  given : 

BEXAR,  January  20,  1836. 
My  dear  Governor. 

While  I  am  waiting  to  carry  an  express  to 
Gen.  Houston,  I  take  the  opportunity  of  giving 
you  my  sentiments  by  our  express  to  San  Felipe 

By  the  documents  you  will  receive  you  will 
perceive  our  indignation  at  this  post  at  the  dis- 
orderly and  anarchical  conduct  of  the  council. 
Were  it  not  for  a  proclamation  issued  from  head- 
quarters [meaning  Gen.  Houston]  which  arrived 
here  last  night,  you  would  have  MEN,  not  SENTI- 
MENT at  San  Felipe  to  sustain  you  in  the  discharge 
of  your  duty  as  first  Magistrate  of  the  nation. 
Be  consoled !  Fight  the  good  fight  and  we  are 
with  you  to  a  man.  Let  the  low,  intriguing  land 
and  Mexican  speculators  know,  that  the  sons  of 
Washington  and  St.  Patrick  will  not  submit  to 
delusion,  rascality  and  usurpation.  We  are 
bound  to  you  in  the  proper  discharge  of  your 
duties  and  will  not  submit  to  anarchy  and  mis- 
rule. May  God  bless  you  and  prosper  you  is  the 


266  LIFE  OF  HENRY  SMITH. 

sincere  wish  of  an  honest  son  of  Erin  and  a  friend 
to  Texian  Independence. 

Your  obedient  servant, 
M.  HAWKINS. 

P.  S.    We  will  sustain  you  by  arms. 
To  Governor  Henry  Smith. 

On  the  21st  of  January,  from  Velasco,  J.  W. 
Fannin,  jr ,  as  Agent  of  the  Provisional  Govern- 
ment, or  rather  of  the  council,  addressed  the 
following  letter  to  the  "Acting"  governor  and 
remnant  of  the  council : 

VELASCO,  January  21,  1836. 
To  his  Excellency  James  W.  Robinson,  Governor, 

and  the  General  Council  of  Texas : 

I  had  the  honor  on  yesterday,  to  make  a 
hurried  report  of  my  proceedings  up  to  that 
date,  and  can  now  only  confirm  the  same  by 
saying  that  I  think  we  will  sail  for  Copano  this 
evening,  if  the  state  of  weather  will  permit  of 
our  crossing  the  bar.  I  have  at  this  place  about 
two  hundred  and  fifty  men,  and  nearly  one 
hundred  in  waiting  at  Matagorda  Pass,  who 
came -out  on  the  Brutus  and  under  command  of 
Captain  Shackleford  from  North  Alabama.  Our 
fleet  will  sail,  and  all  go  down  to  Aransas  in 
company ;  and  God  willing  and  the  weather  fair, 
I  hope  to  mafce  a  favorable  report  to  you  from 


LIFE  OF  HENRY  SMITH.  267 

Copano  on  the  27th  inst.  I  have  employed  the 
schooners  Columbus  and  Flora  as  tenders,  being 
of  light  draught  of  water,  and  can  pass  up  to  the 
landing  with  safety  I  shall  take  the  two  four 
pound  brass  field  pieces  left  by  General  Mexia, 
and  two  other  pieces  to  be  left  for  the  use  of  the 
fortifications,  being  or  to  be  erected  at  Copano. 
I  have  sent  forward  proper  officers  to  procure 
and  have  in  readiness  carts  and  teams  to  trans- 
port the  necessary  provisions  and  cam])  equipage 
and  trust  that  no  delay  will  be  experienced  in 
making  progress  to  the  point  of  destination. 

With  regard  to  any  anticipated  difficulties 
with  the  general-in-chief,  you  need  have  no  sort 
of  apprehensions  I  shall  never  make  any  myself. 
The  object  in  view,  will  be  the  governing  princi- 
ple, and  should  General  Houston  be  ready  and 
willing  to  take  command  and  march  direct 
ahead,  and  execute  your  orders,  the  volunteers 
are  willing  to  submit  to  it,  or  a  reasonable  part 
of  them.  I  shall  not  say  nay,  but  will  do  all  in 
my  power  to  produce  harmony  and  concert  of 
action,  and  will  go  forward  in  any  capacity. 

You  will  allow  that  we  already  have  too 
much  division;  and  one  cause  of  complaint  is 
this  very  expedition,  and  that  it  is  intended  to 
displace  General  Houston.  Not  one  member  of 


268  LIFE  OF  HENRY  SMITH. 

your  body,  or  any  other  man  living,  can  impure 
to  me  such  motives  by  any  past  act  or  word ;  and 
I  am  resolved,  that  no  future  one  shall  be  so 
intended.  But  rest  assured  of  one  thing,  I  will 
go  where  you  have  sent  me,  and  will  do  what 
you  have  ordered  me  if  possible. 

Let  me  .call  your  attention  to  ordering  all  of 
our  provisions  to  Copano,  as  also  volunteers. 
Inform  our  agents  and  commercial  men  in  New 
Orleans  that  they  may  ship  there ;  also  the  forti- 
fying of  Galveston  Island  and  the  Paso  Cavallo 
at  Matagorda  Bay ;  there  are  sufficient  cannon 
here  to  do  it  and  prevent  the  enemy  taking 
possession  and  making  a  descent  into  the  heart 
of  the  country  and  destroying  our  towns  and 
commerce.  A  company  at  each  place  will  be 
amply  sufficient  for  all  present  use;  and  by 
ditching  and  the  use  of  drift  logs  lying  at  hand, 
strong  field  temporary  fortifications  can  be 
erected,  which  will  forbid  the  disembarkment  of 
any  hostile  force  on  our  shores.  Volunteers  for 
one  or  two  months,  for  the  express  occasion,  can 
be  raised,  and  these  are  the  only  safe  dependence 
to  be  relied  on  at  present. 

It  is  folly  to  speak  of  waiting  for  regular 
troops  to  do  it.  You  may  rely  upon  it,  that  we 
will  not  have  one  thousand  of  them  in  Texas  by 


LIFE  OF  HENRY  SMITH.  269 

May,  and  if  this  expedition  prospers  as  contem- 
plated, you  need  not  desire  it.  I  am  forced  to 
say,  that  I  dread  a  large  regular  army  in  this 
country,  or  an  auxiliary  one  of  volunteers,  if 
commanded  and  used  as  contemplated  by  some. 

I  have  seen  a  letter  from  "his  Excellency, 
Henry  Smith,  Governor  of  Texas,"  to  an  officer 
commanding  the  volunteers,  urging  him  and  his 
men  to  attend  particularly  to  the  elections,  and 
to  suspect  and  distrust  all  who  were  in  any  wise 
opposed  to  their  voting,  or  to  an  immediate 
Declaration  of  Independence.  All  such  were  de- 
nounced in  the  bitterest  terms,  as  traitors  to  the 
country,  and  your  own  honorable  body  were 
declared  a  corrupt,  unprincipled  set  of  men  who 
had  sold  themselves  to  the  opposition  or  anti 
administration  men.  The  following  is  nearly,  if 
not  the  precise  language  used : 

"There  is  a  deep  laid  plan  to  confuse  me  and 
my  government,  but  I  am  aware  of  all  their 
movements,  and  have  anticipated  them,  and  will 
counteract  them.  The  opposition  are  strong  and 
have  money  and  means,  and  my  council  are 
needy  and  corrupt.  They  are  engaged  in  it." 

In  speaking  of  the  labor  he  has  to  encounter, 
and  difficulties  he  has  to  undergo,  he  very  patri- 
otically alludes  to  the  late  volunteer  army  of 


270  LIFE  OF  HENRY  SMITH. 

Texas,  composed  mostly  of  free  citizens  of  Texas, 
and  as  far  as  I  am  informed  and  believe,  of  as 
good,  if  not  the  best  men  in  the  country,  in  the 
following  strain  :  "A  mob,  nick-named  an  army, 
has  just  been  disbanded  amongst  us,  and  I  am 
threatened  with  assassination  by  an  internal 
enemy  at  home,"  (the  mob  volunteer  army,)  "and 
an  external  enemy  from  abroad."  Who  the 
external  enemy  is,  we  are  left  to  conjecture  only ; 
probably  Santa  Anna  himself  may  be  in  disguise 
and  playing  the  "incog"  to  accomplish  the  down- 
fall of  the  government,  which  certainly  would 
be  finished  if  "His  Excellency"  should  go  by  the 
board.  He  is  the  government,  and  no  better 
sacrifice  can  be  offered  at  the  shrine  of  central- 
ism, than  his  blood ;  and  the  illustrious  hero  of 
Tampico  will  most  unquestionably  make  all 
reasonable  efforts  to  perform  the  wondrous  feat, 
and  thereby  enthrone  himself  in  the  hearts  and 
affections  and  fears  of  admiring  countrymen. 

"But,"  his  Excellency  continues,  "I  am 
ftilly  apprised  of  their  designs,  and  will  entangle 
them  in  their  own  works,  and  ere  long  throw 
them  a  fall  which  will  break  their  own  damned 
necks,  and  they  shall  welter  ki  their  own  blood." 

This  language  is  used  in  reference  to  the  free 
citizens,  volunteers  of  Texas,  and  turned  out 


LIFE  OF  HENRY  SMITH.  271 

without  orders  or  organization  to  meet  and  repel 
an  invading  enemy,  and  sustain  the  honor  and 
fame  of  the  American  character,  &nd  have 
driven  from  our  borders  four  times  their  number 
of  regulars,  and  them  well  armed  and  equipped, 
with  artillery,  cavalry  &c.,  and  with  loss  of  only 
five  men  killed.  This  is  the  "unkindest  cut  of 
all"  and  I  am  forced  to  say  has  been  the  sole 
cause  of  my  noticing  the  communication  at 
present,  though  the  base  slander  against  the 
representatives  of  these  very  volunteers,  is  as 
uncalled  for  as  it  is  false  and  unjust,  not  to  say 
undignified. 

This  letter  is  addressed  to  Major  William 
Ward,  of  the  Georgia  Batallion,  who  is  at  present 
reluctant  to  give  a  copy  or  I  should  forward  it 
to  you  for  use.  It  will  be  remembered  that  he  is 
a  stranger  to  Governor  Smith,  having  just  ar- 
rived in  the  country. 

Certificates  of  citizenship  were  forwarded 
with  all  the  necessary  instructions,  with  regard 
to  voting  for  members  to  the  approaching  election 
for  delegates  to  the  convention. 

It  is  unnecessary  for  me  to  detail  further 
circumstances.  The  leading  facts  are  presented 
to  you  and  I  think  call  for  your  action.  The 
people  of  Texas  should  b&  fully  apprised  of  the 
facts  and  doings  of  their  public  agents 


272  LIFE  OF  HENRY  SMITH. 

I  shall  procure  the  letter  or  a  copy,  but  if  he 
can  deny  either  the  letter,  the  language,  nay,  the 
words  or  sentiments,  let  him  do  it,  and  double 
falsehood  and  perjury  will  be  added  to  the  cata- 
logue of  his  offences  and  misdemeanors. 

In  haste,  I  am  as  ever,  with  sentiments  of 
high  consideration, 

Your  obedient  servant, 

J.  W.  FANNIN,  JR., 
Agent  Provisional  Government. 
Upon  receipt  of  this  letter  from  Fannin,  on 
the  26th  of  January,  the  eight  members  of  the 
council  still  in  San  Felipe,  (thirteen  being  neces- 
sary to  constitute  a  quorum,) 

Resolved,  That  the  letter  from  Col.  J.  W, 
Fannin,  received  this  evening  from  the  Execu- 
tive Department,  be  forthwith  published  in  hand 
bill  form,  that  the  citizens  and  especially  the 
members  of  the  late  volunteer  army,  may  be 
informed  of  the  disposition  and  conduct  of  Henry 
Smith,  who  was  made  governor  by  the  late  Con- 
sultation, but  whose  acts  previous  to  this  time 
have  suspended  him  from  office. 

Resolved,  That  the  communication  is  of 
itself  sufficient,  without  any  comment  from  this 
body,  and  we  leave  the  community  to  judge 
whether  this  production,  and  the  late  insulting 


LIFE  OF  HENRY  SMITH.  273 

message  from  Henry  Smith  to  this  council,  have 
originated  from  the  effects  of  an  unsound  mind, 
or  are  the  overflowings  of  a  corrupt  heart." 

The  best  commentary  on  the  letter  of  Fan- 
nin,  so  eagerly  seized,  as  a  prop  to  their  cause 
by  the  non  quorum  members  of  the  council,  is 
the  following  letter  from  Lieutenant-Colonel 
William  Ward,  to  whom  a  committee  had  writ- 
ten for  a  copy  of  that  private  letter,  to  be  used 
against  the  governor  in  their  proposed  trial  of 
him.  It  is  self-explanatory  and  from  one  who 
gave  his  life  to  Texas,  in  the  massacre  at  Goliad, 
one  month  and  seven  days  later. 

GOLIAD,  February  20,  1836. 
Gentlemen. — Your  letter  under  date  of  the 
llth  inst.,  was  duly  received.  It  seems  that  an 
inveterate  and  incurable  collision  between  the 
body,  of  which  you  are  the  representatives,  and 
Governor  Henry  Smith  has  taken  place,  and  you 
call  upon  me  to  furnish  you  with  the  copy  of  a 
letter,  written  by  the  said  Smith  to  me  some 
time  during  the  past  month,  extracts  from  which 
have  been  furnished  you  by  Col.  J.  W.  Fannin, 
jr.  This  letter,  the  production  of  which  is  thus 
sought,  no  doubt  is  intended  to  be  used  by  his 
enemies,  to  the  detriment  and  injury  of  Gov- 
ernor Smith,  as  containing  sentiments  and 


274  LIFE  OF  HENRY  SMITH. 

expressions  highly  insulting  and  obnosdous  to 
the  late  and  present  volunteer  army. 

After  maturely  reflecting  upon  the  subject 
I  feel  myself  compelled  to  decline  myself  a  com- 
pliance with  your  request,  and  a  sense  of  self 
respect  and  courtesy  to  your  body  prompt  me  to 
explain  to  you  frankly  the  reasons  which  prompt 
me  to  adopt  this  course. 

When  I  first  came  to  Texas,  a  total  stranger, 
to  aid  her  with  all  the  power   and    influence 
which  1  possessed,  it  was  my  first  business  to 
receive  all  the  information  I  could  in  relation  to 
the  internal  and  external  situation  of  the  coun- 
try, and  the  prospects  and  expectations  of   her 
leading  and  most  important  characters.     With 
feelings  of  no  common  sorrow  I  saw  the  germ 
of  feuds  and  divisions,  had  already  been  planted 
in  the  heart  of    the    country.     Without    even 
intending  to  mingle  in  these  civil  strifes,   and 
hoping  that  from  a  common  sense  of  danger  and 
the  complete  necessity  of  general  harmony  there 
would  be  found  in  the  country  patriotism  suffi- 
cient to  lull  these  commotions  in  their  incipient 
stage,  1   freely  mixed  with  all,  conversed  with 
all  and  sought  information  from  all.     On  a  visit 
to  the  capitol,  transacting  business  for  myself 
and  those  individuals  who  had  generously  fol- 


LIFE  OF  HENRY  SMITH.  275 

lowed  my  fortunes  and  placed  themselves  under 
rn«y  direction,  I  early  became  acquainted  with 
Governor  Smith,  who,  with  an  ardor  and  zeal 
more  upright  than  perhaps  discreet,  frankly 
disclosed  to  me  his  views  and  sentiments  in 
relation  to  the  civil  affairs  and  prospects  of  the 
country,  and  the  suggestions  he  threw  out  and 
the  advice  he  gave  me  were  of  a  character  nat- 
urally to  inspire  a  stranger  with  confidence  in 
the  honesty  and  integrity  of  the  man,  and  the 
little  experience  I  have  had  establishes,  in  my 
judgment,  his  sagacity  and  foresight  as  a  states- 
man. Thus  favorably  impressed  I  became  a 
correspondent  of  his  Excellency,  and  honestly 
uniting  in  his  views  without  participating  in  his 
violence,  he  did  me  the  honor  to  address  me  on 
all  occasions  with  the  frankness  and  unrestrained 
freedom  of  a  friend.  When  thus  addressing  me, 
amidst  the  perplexity  and  confusion  of  his  official 
business,  provoked  and  maddened  by  an  opposi- 
tion active  and  violent,  and  not  presuming 
probably  that  his  communications  would  be 
handed  out  to  the  view  of  his  opponents  and  the 
world  for  comment,  is  it  not  natural  and  reason- 
able to  admit  that  he  should  have  expressed 
himself  without  much  caution  and,  on  matters 
that  had  so  much  annoyed  him,  with  warmth  f 


276  LIFE  OF  HENRY  SMITH. 

And  should  I  be  in  the  possession  of  any  docu- 
ments calculated  to  raise  the  voice  of  complaint 
against  him  one  single  note  higher  than  it  is  at 
present,  thus  obtained,  in  yielding  it  to  the  pos- 
session of  his  enemies,  would  I  not  act  the  part 
of  a  traitorous  and  faithless  f  rfend.  And,  with 
all  proper  respect,  let  me  ask  could  a  liberal  and 
magnanimous  opposition  avail  itself  of  such  tes- 
timony to  torture  and  crush  its  victim. 

But  gentlemen,  when  you  are  informed  of 
the  manner  in  which  the  fact  of  my  having  such 
a  letter  was  disclosed  and  imparted  to  you  I  am 
sure  you  will  coincide  with  me  in  the  opinion 
that  a  manifest  impropriety  exists  in  my  fur- 
nishing you  with  a  copy  or  with  the  original. 
Col.  Fannin  was  himself  the  bearer  of  the  letter 
from  Governor  Smith  to  me.  Knowing  the 
handwriting,  and  prompted  by  an  anxiety  which 
I  will  not  pretend  to  divine,  but  at  the  moment 
did  not  distrust,  in  compliance  with  his  repeaited 
solicitations  and  under  the  panoply  of  his 
plighted  faith  to  secresy,  I  submitted  the  paper 
to  his  inspection.  He  made  several  applications 
to  me  for  the  purpose  of  obtaining  a  copy  and 
the  liberty  of  using  the  privilege  with  which 
I  had  confidentially  entrusted  him,  to  all  of  which 
I  gave  an  unqualified  and  prompt  denial,  Judge 


LIFE  OF  HENRY  SMITH.  277 

of  my  surprise  and  astonishment  then,  when 
your  letter  informed  me  that,  with  an  abandon- 
ment of  delicacy  and  decorum  that  I  thought 
appertained  to  a  character  with  which  Col.  Fan- 
nin  acknowledged  no  affinity,  he  had  used  me 
and  my  confidence  to  feed  the  flame  of  discontent 
and  hatred  against  the  governor,  in  which  it 
seems  he  is  ambitious  to  act  a  conspicuous  part. 

The  above  remarks,  you  will  discover,  are 
predicated  upon  the  supposition  that  this  celebra- 
ted letter,  if  produced,  would  contain  sentiments 
and  language,  discreditable  to  its  author — and 
from  the  incorrect  and  garbled  manner  in  which 
its  contents,  are  attempted  to  be  quoted  by  Col. 
Fannin,  the  public,  until  better  informed,  will 
entertain  the  same  opinion.  Col.  Fannin  at- 
tempts to  give  the  extracts,  verbatum  et  literatim. 
When  that  part  of  his  letter  which  I  perceive 
has  been  published  by  order  of  the  council 
wkh  great  eclat,  containing  the  extract,  was 
compared  with  the  original  in  my  possession,  in 
the  presence  of  several  respectable  and  intelli- 
gent gentlemen,  they  were  all  astonished  at  the 
misquotations  and  perversion  of  its  general  sense 
and  meaning.  If  I  could  feel  myself  absolved 
from  the  delicacy  of  my  situation,  and  could 
with  propriety  divulge  the  original  to  the  world, 


278  LIFE  OF  HENRY  SMITH. 

mankind  would  see  in  this  but  another  instance 
to  what  shameful  means  party  spirit  will  descend 
in  the  might  of  its  malignant  rancour. 

And  I  feel  deeply  mortified  that  not  content, 
not  only  with  abusing  my  confidence  and  uncourte- 
ously  presenting  me  to  the  public  in  the  character 
of  an  informer,  he  should  give  a  false  coloring  to 
a  document,  which  if  plainly  read  and  fairly 
construed,  would  mark  the  purity  and  patriotism 
of  the  man  who  had  penned  it. 

It  belongs  not  to  me  to  counsel  Gov.  Smith 
what  might  be  conducive  to  his  defence,  nor  to 
his  enemies  what  might  contribute  to  his  con- 
demnation, but  I  do  honestly  affirm  in  my  hum- 
ble opinion  that  if  this  letter,  which  has  been 
so  unhandsomely  used  to  his  disadvantage,  could 
be  read  before  his  peers  on  his  trial,  it  would  be 
found  to  contain  not  one  expression  that  would 
cause  the  hue  of  shame  to  tinge  the  countenance 
of  a  single  friend.  True,  it  is  warm— even 
violent,  but  even  this,  its  very  error,  shows  the 
sincerity  of  his  determination  to  advance  at  all 
hazards,  what  he  conceives  to  be  the  true  inter- 
ests of  his  countiy,  and  to  oppose  even  to  the 
extent  of  self  immolation,  what  may  redound  to 
her  injury  and  rum. 


LIFE  OF  HENRY  SMITH.  279 

Intending,  gentlemen,  to  keep  myself  aloof 
from  all  party  connections ;  determined  to  chain 
myself  to  the  car  of  no  political  sect,  and  desir- 
ous to  discharge  my  military  duties  to  the  satis- 
faction and  approbation  of  my  adopted  country, 
I  have  thought  it  an  act  of  justice  to  myself  to 
offer  you  the  above  remarks,  in  order  to  extricate 
myself  from  an  unpleasant  situation,  in  which 
I  have  been  placed  contrary  to  my  intentions 
or  desires. 

Every  one  must  lament  the  height  to  which 
political  discord  has  attained.  If  ever  there  was 
a  crisis  in  the  affairs  of  a  country  which  required 
the  harmonious  action  of  all  her  citizens,  that 
crisis  has  arrived  in  Texas  The  foe  is  in  the 
field  with  means  and  men  beyond  our  reach. 
Extermination  is  his  war-cry.  Nothing  can 
save  us  but  unanimity,  harmony,  concentration 
and  a  bold,  heroic  movement  of  all  our  power. 
With  this  and  a  complete  annihilation  of  all 
factious  feelings,  success  and  glory  will  yet  en- 
circle the  oanner  of  our  adopted  country.  With 
great  respect,  gentlemen, 

I  am  your  obedient  servant, 
WM.  WARD. 

The  committee  who  addressed  Col.   Ward 
and  to  whom  the  preceding  reply  was  addressed, 


280  LIFE  OF  HENRY  SMITH. 

were  Messrs.  Thompson  and  Clements,  of  the 
council.  Though  a  little  later  in  date,  the  sub- 
joined correspondence,  bearing  upon  the  same 
subject,  is  inserted  at  this  point.  The  whole  was 
published  by  Col.  Hill,  in  a  hand  bill,  Feb.  20th. 

TO  THE  PUBLIC, 

Notwithstanding,  I  have  participated  in  the 
general  feeling  of  indignation  at  the  conduct  of 
the  council,  I  did  not  anticipate  the  public  ex- 
pression of  my  sentiments.  But,  when  I  am 
called  upon  by  the  highest  functionaries  in  the 
land  to  commit  an  act  not  only  dishonorable,  but 
criminal,  I  cannot  longer  withhold  the  expression 
of  my  indignation.  Below  will  be  found  a  letter, 
not  confidential,  addressed  to  me  by  two  of  the 
honorable  members  of  the  council,  together  with 
my  reply,  which  I  lay  before  the  public,  without 
comment,  satisfied  that  my  conduct  will  be  ap- 
proved by  every  high  minded,  honorable  man. 

WM.  G.  HILL. 
BRAZORIA,  Feb.  20,  1836. 

THE  DEMAND. 

SAN  FELIPE,  Feb.  14,  1836. 
Colonel  William  O.  Hill. 

Sir. — We  have  been  appointed  by  the  Gen- 
eral Council  to  conduct  the  prosecution  against 
the  late  Governor,  Henry  Smith,  before  the  next 
convention.  Among  other  matters  of  testimonv. 


LIFE  OF  HENRY  SMITH.  281 

to  support  the  charges  against  him  is  a  letter 
written  to  yourself  about  the  17th  of  January 
last,  of  which  a  copy  has  been  received  at  this 
place.  We  have  to  request  that  you  will  for- 
ward said  original  letter  to  us  at  Washington. 
We  trust  that  you  will  not  fail  in  doing  so,  as  m 
that  case  it  will  become  necessary  to  summon 
yourself  to  attend. 

Respectfully  yours, 

Signed.  ALEX.  THOMPSON, 

J.  D.  CLEMENTS. 

COLONEL  HILL'S  RESPONSE. 

BRAZORIA,  Feb.  20,  1836. 
To  Alexander  Thompson  and  J.  D.  Clements  : 

Gentlemen. — Your  communication  of  the  14th 
inst.,  conveys  so  direct  an  insult,  or  betrays  such 
gross  and  unpardonable  ignorance  on  your  part, 
that  I  would  not  have  replied,  but  to  explain 
how  the  copy  of  the  letter,  which  you  desire,  was 
obtained,  (if  such  copy  exists).  The  letter  was 
opened  by without  my  knowl- 
edge or  consent,  and  if  any  copy  does  exist,  it 
was  surreptitiously  obtained  and  I  denounce  the 
perpetrator  of  the  shameful  act  as  a  violator  of 
the  sanctity  of  private  intercourse,  and  of  course 
no  gentleman.  You  impudently  call  upon  me 
to  expose  a  correspondence,  which  all  nations 


282  LIFE  OF  HENEY  SMITH. 

agree  in  considering  as  sacred,  for  the  sole  pur- 
pose of  injuring  the  writer,  who  wrote  for  a  friend 
only,  and  not  for  the  public !  You  call  upon  me 
to  commit  an  act,  which  you  must  know  would 
be  criminal  and  is  calculated  to  destroy  the  life 
of  society — an  act  which  none  but  a  villian 
would  perform!  You  call  upon  me  to  do  this, 
and  for  what!  To  aid  you  in  a  parricidal  at- 
tempt to  destroy  the  highest  Executive  in  the 
land !  I  assure  you  I  do  not  aspire  to  the  dis- 
tinction of  an  association  with  your  honorable 
body  in  such  unhallowed  purposes  In  conclu- 
sion, I  cannot  withhold  the  expression  of  the 
indignation  and  contempt,  which  your  base 
proposition  inspires,  and  I  most  earnestly  hope 
that  your  public  career  may  be  brought  to  a 
speedy  and  ignoble  close;  and  that  upon  your 
heads  will  be  visited  the  scorn  and  indignation 
of  an  enlightened  and  high  minded  public.  I  am, 

WM.  G.  HILL.     • 

The  communications  of  Cols.  Ward  and 
Hill  are  given  without  comment,  as  nothing  is 
left  for  explanation. 

On  the  3rd  of  February  the  president  laid 
before  the  council,  or  the  fragment  of  it  still 
present,  this  mandate  from  Governor  Smith, 
issued  on  the  previous  day  . 


LIFE  OF  HENRY  SMITH.  283 

To  Thomas  R.  Jackson,  Esq.,  to  execute. 

"You  are  hereby  authorized  and  required  to 
proceed  to  the  council  hall  or  elsewhere  and 
demand  of  J.  W.  Robinson,  former  president  of 
the  council,  and  the  members,  the.  following 
documents,  viz:  An  ordinance  and  decree  re 
quiring  me  to  commission  McKinney  and  Wil- 
liams to  contract  a  loan  of  $100,000,  on  which 
bill  a  commission  has  issued,  and  by  that  body 
demanded  and  taken  from  my  secretary  before 
it  was  recorded  in  my  office.  Also  two  commis- 
sions certified  in  that  bill  to  have  been  returned, 
one  to  McKinney  and  Williams  made  out  by  the 
previous  council,  of  which  R.  R.  Royal  was  presi- 
dent, and  also  one  other  commission  made  out 
by  me  to  Thomas  F,  McKinney,  both  for  the  same 
amount  of  $100,000.  These  are  Executive  papers 
and  belong  to  my  office.  You  will  also  demand 
and  bring  me  the  terms  on  which  the  armed 
vessel  Invincible  has  been  tendered  and  accepted 
by  the  government.  You  will  further  notify 
them  that  if  these  things  are  not  promptly  com- 
plied with  and  they  immediately  desist  from 
their  injurious  and  disorganizing  operations,  that 
I  will  immediately  order  their  arrest  and  trans- 
mission to  the  post  of  Bexar  to  be  tried  by 
martial  law." 


284  LIFE  OF  HENRY  SMITH. 

You  will    immediately  make  to  me   your 
report. 

Given  under  my  hand  at  office,  this  2nd  day 
of  February,  1836. 

HENRY  SMITH, 
Governor. 

On  this  the  "fragment"  preferred  additional 
charges  against  Governor  Smith,  embracing 
''treason"  and  the  embezzlement  of  $5,000,  sent 
for  the  aid  of  Texas,  by  H.  E.  W.  Hill,  of  Nash- 
ville, Tennessee.  Both  fell  still  born  till,  before 
the  congress  of  Texas  in  1841,  Governor  Smith 
demanded  an  investigation  of  the  $5,000  matter, 
when,  after  a  thorough  examination  by  a  joint 
committee,  headed  by  Anson  Jones,  on  the  part 
of  the  Senate  and  Sterling  C  Eobertson  on  the 
part  of  the  House,  it  was  reported  and  unani- 
mously adopted  by  each  House  that  the  money 
had  been  properly  used,  and  that  the  government 
owed  Governor  Smith  $131  on  that  account. 

Notwithstanding  the  apparent  confusion, 
made  ijianifest  in  the  preceding  pages,  Governor 
Smith  continued  inflexibly  in  the  discharge  of 
his  duties,  sustained  by  the  proper  officials  and 
the  country  at  large,  the  factionists  being  few 
and  powerless. 


LIFE  OF  HENRY  SMITH.  285 

On  the  5th  of  February  he  addressed  a  letter 
to  William  Bryan,  of  New  Orleans,  agent  of 
Texas  in  that  city,  in  reply  to  one  from  that  gen- 
tleman of  January  20th,  just  after  he  had 
learned  of  the  revolutionary  attempt  to  suspend 
the  governor.  Here  follows  the  letter : 

SAN  FELIPE,  February  5,  1836. 

Respected  Sir. — Your  favor  No.  3,  under 
date  of  20th  January,  has  just  been  received 
with  its  enclosures.  * 

The  vessels  of  which  you  speak,  under  con- 
voy of  the  Liberty,  Col.  (John  A.)  Wharton  has 
reported  to  me  as  having  arrived  safe  off  the 
Brazos  Bar  and  proceeded  to  the  Bay  of  Mata- 
gorda,  or  Copano,  at  both  of  which  points  I  have 
written  him. 

I  assure  you  I  do  not  mean  to  flatter 
when  1  say  to  you,  I  am  proud  to  see  you  and 
friend  Hall  announced  as  our  agents,  with  both 
of  whom  I  feel  I  can  correspond  freely  and 
safely,  on  any  matter  connected  with  the  interests 
of  the  country.  Since  my  installation  I  have 
had  to  contend  with  much  difficulty  and  con- 
fusion, growing  out  of  party  strife,  based  on  the 
conflicting  interests  of  the  country.  It  is  well 
understood  here  &nd  need  not  be  kept  from  you 

as  our  agents  abroad. 

*  *  #  *  *  * 


286  LIFE  OF  HENRY  SMITH. 

I  am,  however,  happy  to  inform  you  that 
before  the  sun  sets  everything  will  be  right  in 
the  capitol.  The  army  has  declared  The  mass 
of  the  people  have  declared  that  honest  men 
and  measures  shall  be  sustained,  and  that  the 
"sled"  must  cease  its  run  forthwith.  This  I 
have  succeeded  in  without  violence,  and  hope 
soon  to  have  everything  in  regular  trim.  They 
have,  however,  done  much  mischief,  but  I  hope 
it  will  all  soon  be  counteracted,  with  the  excep- 
tion of  what  I  fear  has  been  irretrievably  lost 
by  downright  swindling,  some  of  which  may  be 
beyond  my  control.  The  first  of  March  will  giv£ 
the  death  blow  to  their  main  project,  as  I  have 
no  doubt  the  independence  of  Texas  will  be  pro- 
claimed to  the  world,  and  then  a  long  farewell 
to  all  Mexican  polic}r. 

*****  * 

This  country  can  never  prosper  until  a  few 
of  that  baneful  faction  are  immolated  on  the 
altar  of  their  own  perfidy.  The  convention  will. 
I  hope,  afford  the  grand  corrective. 

Owing  to  their  base  management,  much 
confusion  prevails  among  our  volunteer  troops 
on  the  frontier,  but,  by  using  much  vigilance,  I 
nave  now  got  Bexar  secure.  On  the  last  advices 
the  enemy  were  concentrating  on  our  border  in 


LIFE  OP  HENRY  SMITH.  287 

considerable  numbers  and  every  exertion  used, 
and  everything  put  in  requisition  for  a  formida- 
ble campaign  against  the  colonies  in  the  spring. 
Flying  rumors  have  been  sent  in  to  delude  us, 
by  saying  many  of  the  Eastern  States  have 
declared  in  opposition  to  the  dictator.  In  this, 
however,  I  have  no  confidence,  believing  it  is 
intended  to  delude  us. 

Copano  has  been  assigned  as  our  headquar- 
ters for  the  present,  until  we  make  a  declaration 
and  have  a  sufficient  number  of  men  and  means 
to  operate  on,  when  we  will  immediately  remove 
to  the  west,  of  which  you  will  be  informed  from 
this  department. 

I  depend  much  on  our  aid  from  the  United 
States.  To  them  I  look,  for  they  come  to  sustain 
us  on  honest  principles  alone,  for  which  I  confi- 
dently hope  they  will  be  amply  rewarded. 

Let  me  hear  from  yourself  and  Mr.  Hall 
(to  whom  you  will  please  show  this)  officially 
and  privately.  * 

Eespectfnlly, 
HENRY  SMITH, 

Governor. 

On  the  8th  of  February  the  " Acting"  gov- 
ernor fulminated  a  high  sounding  proclamation 
against  the  rightful  governor,  to  which  no  atten- 


288  LIFE  OF  HENRY  SMITH. 

tion  was  paid.  While  Robinson  had  spoken  for 
independence  in  the  Consultation  on  the  6th  of 
November  and  re-declared  himself  in  favor  of  it 
in  a  characteristically  volumnious  communica- 
tion to  the  convention  in  March,  in  the  mean 
time,  he  had  acted  with  and  allowed  himself  to 
be  used  by  the  anti-independence  element  in  the 
council.  Judging  by  his  subsequent  career  as  a 
judge  and  the  manner  in  which  he  secured  his 
release  by  Santa  Anna  in  1843,  as  a  Texian  pris- 
oner, captured  at  San  Antonio  in  September, 
1842,  to  bring  home  the  most  odious  propositions 
from  Santa  Anna  to  Gen.  Houston  for  Texas  to 
became  a  Mexican  State,  he  was  a  man  of  inor- 
dinate ambition,  fluent  in  language,  but  devoid 
of  judgment  and  that  unselfish  integrity  of 
purpose  demanded  by  the  sore  necessities  of  the 
country.  It  will  be  seen  near  the  close  of  this 
work  that  fourteen  years  later,  he,  with  his  wife 
and  only  son,  and  Governor  Smith  with  two  sons, 
were  thrown  together  and  became  traveling- 
companions,  across  the  dangerous,  savage  wilds 
from  Texas  to  California,  covering  several  months 
in  1849-50.  And  here  it  is  legitimate  to  say  that 
many  of  the  asperities  engendered  during  and 
immediately  prior  to  the  existence  of  the  Provis- 
ional Government,  were  eliminated  from  the 


LIFE  OF  HINRY  SMITH.  289 

breasts  of  men  by  the  Declaration  of  Indepen- 
dence, the  immolation  at  the  Alamo,  the  butch- 
eries of  Goliad  and  the  avenging  splendors  of 
San  Jacinto.  Here  follow 

LETTERS  FROM  COMMISSIONER  WILLIAM  H.  WHAR- 
TON  TO  GOVERNOR  SMITH. 

FIRST  LETTER. 

MEMPHIS,  Jan.  27,  1836. 
(UNOFFICIAL.) 

My  Dear  Sir. — "1  am  thus  far  on  my  way  to 
Washington  City.  Archer  and  Austin  will  be 
on  in  a  few  days.  I  find  the  feelings  in  the 
country  universal  in  our  favor,  provided  we  war 
for  independence,  or  wish  to  attach  ourselves  to 
the  United  States  of  the  north.  But  if  our  war 
is  to  be  for  the  Constitution  of  1824,  and  is  to 
terminate  in  anything  short  of  a  total  dissolution 
of  all  connection  with  Mexico,  we  may  expect  no 
sympathy  or  assistance  from  this  quarter.  For 
heaven's  sake  press  upon  the  next  convention  the 
vital  importance  of  making  an  immediate  "Dec- 
laration" setting  forth  at  large  the  reason  for  so 
doing.  Try  and  have  this  done  as  early  in  the 
session  as  possible  and  send  the  glorious  news  to 
be  published  in  New  Orleans,  and  letters  an- 
nouncing the  fact  to  the  commissioners  at  Wash- 
ington, &c.5  &c."  Your  friend, 

WM.  H,  WHARTON, 


290  LIFE  OF  HENRY  SMITH. 

SECOND  LETTER. 

NASHVILLE,  TENN.,  Feb.  7,  1836. 

Dear  Sir. — I  have  been  here  four  or  five 
days,  confined  to  my  room  with  a  cold  and 
wretched  cough.  My  physician  is  apprehensive 
of  serious  consequences,  but  1  am  not.  I  left 
Archer  and  Austin  in  New  Orleans,  to  wind  up 
some  business  connected  with  therloan.  They  were 
to  have  been  here  several  days  ago  and  are,  I  fear, 
ice  bound  in  the  Ohio,  below  the  mouth  of  Cum- 
berland. All  traveling  is  suspended,  both  by 
land  and  water,  on  account  of  roads  and  ice. 
The  Mississippi  and  Louisiana  Senators  find  it 
impossible  to  get  to  Washington  for  the  present. 
I  have  written  on  to  the  president  and  to  my 
friends  in  both  houses,  explaining  to  them  our 
Texas  affairs.  I  have  also  printed  a  pamphlet 
(one  of1  which  I  send  you,)  signed  Curtius,  and 
sent  one  to  Washington  and  to  various  editors, 
Mexico  has  remonstrated  with  this  government 
on  account  of  the  volunteers  going  to  Texas. 
Bat  the  French. question  absorbs  everything  else. 
It  is  unfortunate  for  Texas  that  her  concerns 
came  on  the  carpet  simultaneously.  They  will 
not  receive  as  prompt  attention. 

I  long  much  for  the  meeting  of  the  next 
convention  in  Texas.  Everything  depends  upon 


LIFE  OF  HENRY  SMITH.  291 

the  harmony,  promptitude  and  wisdom  of  their 
movements.  I  hope,  sincerely  hope,  that  our 
perilous  situation  has  drowned  everything  like 
personal  or  party  feeling.  We  are  madmen,  if 
we  do  not  at  least  for  the  present,  and  I  trust 
forever,  forget  all  such  bickerings  and  conten- 
tions. I  suppose,  of  course,  the  convention  will 
declare  for  absolute  independence.  I  should  be 
half  distracted  if  I  thought  they  would  not. 

The  vote  of  the  body  should  be  taken  on 
whether  they  prefer  remaining  independent  or 
being  attached  to  the  United  States.  I  prefer 
the  latter  a  thousand  to  one.  The  declaration 
should  be  explicit,  and  we  should  •  receive  timely 
notice  of  it,  with  instructions,  if  we  are  to 
remain  here  in  commission,  from  the  govern- 
ment. After  the  million  loan  is  accomplished 
I  should  think  one  of  us  might  return  to 
Texas,  for  a  time  at  least.  But  do  with  us 
as  you  please.  I  should  prefer  my  present  to 
any  other  post.  I  will  have  nothing  to  do  with 
the  Executive  post,  and  wish  it  so  understood. 

We  cannot,  as  you  know,  approach  this 
government  formally  or  apply  for  recognition  of 
Texas  Independence  without  a  different  commis- 
sion. The  question  is  now  sprung  in  the  papers 
in  regard  to  the  annexation  of  Texas  to  the 


292  LIFE  OF  HENRY  SMITH. 

United  States,  and  I  shall  keep  it  alive,  for  it 
serves  to  call  attention  to  us.  As  I  wrote  to  you 
from  Velasco.  if  a  belief  obtained  neret  that  we 
were  carrying  the  war  beyond  the  Rio  Grande 
for  cupidity,  conquest,  pillage,  plunder  or  any 
other  motive  than  to  make  our  enemy  acknowl- 
edge the  independence  of  Texas,  it  would  drown 

our  cause  beneath  all  depth  in  .      Write 

often.     My  wife  and  child  are  well. 

Yours, 

WM  H.  WHARTON. 
To  Governor  Henry  Smith. 

THIRD  LETTER. 

NASHVILLE,  TENN.,  Feb.  13,  1836. 
Dear  Sir. — We  are  still  here,  detained  by 
impassable  roads  and  frozen  rivers.  In  the  last 
few  days  the  cold  has  abated,  and  the  ice  is  be- 
ginning to  give  up  here.  We  will  certainly  get 
off  on  to-morrow  or  next  day.  All  is  enthusiasm 
here  in  respect  to  Texas.  We  had  a  meeting 
three  nights  ago  at  which  upwards  of  2,000 
attended  and,  after  much  applauded  addresses 
from  the  commissioners,  they  unanimously  and 
enthusiastically  adopted  resolutions  lamenting  the 
loss  of  Milam,  pronouncing  our  cause  a  SACRED 
ONE,  and  promising  every  countenance  and  as- 
sistance, now  and  at  all  times.  If  the  war  lasts 


LIFE  OF  HENRY  SMITH.  293 

it  is  the  opinion  of  the  members  of  the  legisla- 
ture, which  is  now  in  session  here,  that  Ten- 
nessee alone  will  furnish  5,000  volunteers.  Several 
of  the  members  will  start  to  Texas  with  com- 
panies immediately  on  the  adjournment,  which 
will  take  place  on  the  22nd  of  February,  this 
month. 

At  our  meeting  the  other  night,  a  letter  was 
drawn  up  by  some  of  the  young  men  of  this 
town  expressing  a  wish  to  go  to  Texas,  and  desir- 
ing the  meeting  to  furnish  them  the  means  of 
so  doing.  The  ladies  of  Nashville  immediately 
pledged  themselves  to  arm  and  equip  a  company 
of  200.  They  organized  themselves,  appointed 
a  committee,  and  thirty  young  men  have  en- 
rolled themselves.  It  is  thought  that  the  ladies 
of  this  town  will  despatch  a  company  of  100  in 
five  or  six  weeks.  For  this  patriotic  conduct  they 
deserve  the  admiration  of  the  world  and  the 
eternal  gratitude  of  Texas.  A  vote  of  thanks 
should  also  be  tendered  to  H.  R  W.  Hill,  of  this 
place,  who  has  given  more  than  $5,000,  who  has 
directed  all  the  steamboats  to  charge  to  him  the 
passages  of  all  the  volunteers  for  Texas,  and  has 
bound  himself  to  advance  everything  necessary 
here  to  facilitate  the  removal  of  volunteers. 


294  LIFE  OF  HENKY  SMITH. 

We  have  constituted  him  agent  for  Texas  and 
you  will  please  address  him  as  such.  Do  have  a 
vote  of  thanks  tendered  him  and  the  ladies  too, 
if  possible.  Enclosed  I  send  you  the  correspond- 
ence between  us.  Also  an,  article  signed 
"Patriot;"  also  some  editorial  comments  on  the 
meeting,  and  I  also  send  you  my  pamphlet, 
"Curtius,"  which  has  been  universally  and 
enthusiastically  admired  and  pronounced  the 
best  thing  that  could  have  been  done  for  Texas, 
inasmuch  as  it  convinces  the  intelligent  of  the 
justice  of  our  cause.  I  also  send  you  a  copy  of 
the  ordinance  for  raising  volunteers.  The  design 
you  will  understand  to  be  Hercules  killing  the 
hydra.  The  monster  has  two  heads,  one  repre 
senting  tyranny  and  the  other  priestcraft.  The 
man  with  the  club  represents  the  people  of 
Texas  beating  off  the  heads  and  the  other  man, 
with  the  hot,  iron  represents  our  friends  of  the 
United  States  cauterizing  the  place  and  preventing 
the  heads  from  growing  again.  The  emblem  is 
thought  to  be  a  happy  hit.  I  have  sent  one  of 
my  Curtius  pamphlets  to  the  president,  vice- 
president  and  every  senator  and  representative 
in  congress. 

We  have  twenty  or  thirty  of  the  ablest  men 
busily  operating  for  us  at  Washington.     It  has 


LIFE  OF  HENRY  SMITH.  295 

been  a  great  misfortune  that  the  rivers  have  been 
frozen  and  the  roads  impassable  so  as  to  prevent 
our  progress.  My  health,  too,  has  confined  me  to 
my  room.  We  will  start  to-morrow  to  a  certainty, 
but  it  is  yet  more- than  doubtful  whether  we  can 
ascend  the  Ohio.  Accounts  from  Louisville,  four 
days  ago,  represent  it  as  passable  on  the  ice.  It 
is  thought  by  the  ablest  financiers  here  that  we 
can  raise  all  the  money  we  want,  in  two  ways. 
First  by  issuing  scrip  calling  for  from  160  to  640 
acres  of  land,  to  be  rated  at  $1.00  per  acre.  Let 
this  scrip  be  placed  in  the  hands  of  the  different 
Texas  agents,  each  purchaser  paying  $1.00  an 
acre  in  cash  for  what  he  buys,  to  select  the  land 
when  the  offices  are  opened.  It  might  be  well  to 
give  an  option  to  the  holder  of  the  scrip,  to 
demand  his  money  of  the  government  at  the 
end  of  five  years,  with  6  per  cent,  interest,  if  he 
did  not  choose  to  take  the  land.  This,  I  think, 
would  be  best,  and  in  this  way  a  sufficient  sum 
can  be  raised.  This  enables  a  man  having  $160 
which  he  wishes  to  invest,  to  do  so.  The  other 
plan  of  borrowing,  places  us  at  the  mercy  of 
large  capitalists  alone.  Second,  the  other  plan 
proposed  is  for  Texas  to  issue  treasury  notes  bear- 
ing 5  per  cent,  interest,  redeemable  in  five,  ten,  or 
fifteen  years.  Our  fiend  and  agent,  Mr.  Hill, 


296  LIFE  OF  HENRY  SMITH. 

has  offered  to  take  $50,000  of  such  treasury 
notes.  We  commissioners  have  no  power  to 
issue  scrip  or  treasury  notes,  and  I  here  present 
the  subject  for  the  consideration  of  the  next 
convention,  hoping  they  will  act  on  it  promptly. 
Either  of  these  plans  will,  I  think,  answer  all 
purposes.  We  must  also,  in  my  opinion,  have  a 
bank,  the  capital  to  be  raised  on  the  pledged  real 
estate  of  the  stockholders.  Let  it  be  an  individ- 
ual business,  and  for  God's  sake  let  the  govern- 
ment own  no  stock  or  have  anything  to  do  with 
it,  except  to  watch  over  and  see  it  honestly  con- 
ducted. The  printed  enclosures  I  wish  you  to 
have  printed  in  Texas  and  also  such  parts  of  the 
letter  as  are  in  your  judgment,  suitable. 

Recollect,  I  write  to  you  freely  and  often 
use  expressions  which,  if  published,  would  justly- 
lay  me  liable  to  the  charge  of  vanity.  Don't  get 
me  into  a  scrape  of  this  kind. 

Yours  truly, 
WM.  H.  WHARTON. 

P.  8.  My  child  is  dangerously  sick  with  a 
cold,  which  is  violently  epidemic  here.  Write 
to  me  often,  privately. 

I  am  the  author  of  the  enclosed  article 
signed  "Patriot."  WHARTON. 


LIFE  OF  HENRY  SMITH,  297 

[The  child  referred  to,  the  only  one  Mr. 
Wharton  ever  had,  subsequently  became  Major 
Genera]  John  A.  Wharton,  of  the  Confederate 
army,  who  lost  his  life  in  Houston  at  the  close  of 
the  war  in  1865,  and  whose  wife  and  only  child, 
a  lovely  little  daughter,  subsequently  died.  John 
A.  Wharton,  styled  "the  keenest  blade  of  San 
Jacinto,"  died  unmarried  in  1838 — his  brother, 
William  H.,  in  1839,  and  his  widow  many  years 
later — so  that  this  brilliant  family  of  patriots  is 
extinct  in  Texas.] — The  Author. 

The  following  is  a  copy  of  the  letter  of  Mr. 
H.  R  W.  Hill,  accompanying  the  donation  of 
$5,000. 

NASHVILLE,  Nov.  19,  1835 
To  George  C.  Childress,  Esq. 

Dear  Sir.— Enclosed  you  will  find  my  bill 
of  exchange  on  N.  &  J.  Dick  &  Co.,  of  New 
Orleans  for  five  thousand  dollars,  payable  to  your 
order.  On  your  return  to  Texas  should  you  find 
the  friends  to  liberty  of  conscience  oppressed, 
fighting  for  their  homes  and  that  republican 
form  of  government  they  were  induced  to  be- 
lieve they  would  enjoy  when  they  left  the  land 
of  freedom,  I  wish  you  to  place  the  above  sum 
in  the  hands  of  those  in  authority,  with  my 
prayers  for  their  success.  Should  they  fail  to 


298  LIFE  OF  HENRY  SMITH. 

gain  their  liberty,  1  shall  never  regret  the  loss 
of  the  money.  Should,  however,  the  God  of 
Heaven  own  the  struggle,  which  I  believe  he 
will,  I  leave  it  with  the  government  to  set  apart 
a  piece  of  land,  equal  to  the  sum  furnished, 
provided  a  republican  form  of  government  is 
established.  If  a  tyranical  or  dictatorial  govern- 
ment is  formed  I  do  not  wish  my  children  to  In 
herit  any  part  of  the  soil. 

Having  entire  confidence  in  your  judgment, 
as  to  my  views,  I  leave  the  matter  entirely  with 
you.  May  God  bless  you. 

Your  friend, 
H.  E.  W.  HILL. 

With  peculiar  interest,  pride — almost  rever- 
ence— we  hold  in  hand  a  letter  penned  by  the 
gifted  and  beloved  wife  of  Wm.  H.  Wharton  to 
Governor  Smith.  It  needs  no  comment. 

NASHVILLE,  TENN.,  March  26,  1836. 
To  his  Excellency  Henry  Smith  : 

Dear  Friend. — 1  am  extremely  proud  in 
being  able  to  acknowledge  the  receipt  of  a  letter 
from  your  honored  self,  the  contents  of  which 
filled  me  with  great  mortification  and  astonish- 
ment? To  think  a  people  so  blessed  as  the 
Texians  with  climate,  soil  and  many  other  nat- 
ural advantages,  should  be  disposed  to  throw  any 


LIFE  OF  HBNRY  SMITH.  299 

obstacles  in  the  way  of  obtaining  thefr  liberty, 
without  which  all  other  blessings  are  rendered 
naught !  I  cannot  conjecture  what  can  be  their 
object.  Is  it  pecuniary  ?  Common  sense  would 
teach  them  that  their  property,  whatever  it 
might  consist  in,  would  be  worth  many  times  as 
much  under  a  settled  government. 

I  hope  by  this  time  you  have  declared  your 
independence.  If  so,  all  is  well,  for  you  will 
then  have  the  support  and  sympathy  of  this 
country,  with  which  and  a  just  cause,  we  have 
nothing  to  fear.  I  feel  every  confidence  that 
Texas  is  destined  soon  to  be  a  great  and  happy 
country. 

I  congratulate  you  on  the  happiness  that  you 
will  enjoy  in  your  old  age,  (should  you  be  thus 
blessed),  in  reflecting  on  your  being  greatly  in- 
strumental in  securing  the  liberties  of  a  great 
and  happy  people. 

You  have  doubtless  heard  of  the  arrival 
of  Senor  Gorostiza,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  from  Mexico  to  these 
United  States.  This  is  a  special  mission,  which 
will  not  in  any  way  interfere  with  the  Minister 
of  Mexico,  resident  in  Washington,  as  the  envoy 
himself  asserts.  I  enclose  you  three  numbers  of 
"Curtius."  They  were  written  by  Mr.  Wharton 
and  they  will  show  you  his  feelings  on  the  subject, 


300  LIFE  OF  HENRY  SMITH. 

If  the  convention  should  be  so  blind  to  their 
own  interests  as  not  to  declare  independence, 
would  it  not  be  well  to  recall  the  commissioners  ? 
They  would  go  home  armed  with  so  many  pow- 
erful proofs  of  the  necessity  that  it  would  at  once 
insure  it,  and  what  can  they  do  here  without  a 
declaration ! 

1  regret  to  learn  that  Col.  Austin's  politics 
have  had  such  a  bad  effect.  I  am  more  charita- 
ble towards  him  than  you  are.  I  attribute  it 
more  to  a  want  of  moral  courage  than  baseness 
of  principle.  You  would  be  astonished  to  see  how 
warm  he  now  is  for  independence. 

Where  is  brother  John  (A.  Wharton?)  I 
have  never  heard  a  word  from  him  since  we 
parted.  If  you  should  see  my  brothers  (Jared 
E.  and  Leonard  W.  Groce,)  tell  them  I  have 
never  heard  a  word  from  them,  excepting 
through  others. 

I  would  be  much  gratified  to  hear  from  you 
often  and  fully,  for  I  am  a  devoted  friend  of 
Texas.  *  *  *  *  * 

Yours  respectfully, 
SARAH  A.  WHARTON. 

..[Mrs.  Wharton  was  the  only  daughter  of 
Jared  Groce,  the  first  planter  to  raise  cotton  on 


LIFE  OF  HENRY  SMITH.  301 

the  Brazos  in  1822,  whose  home,  in  the  revolution, 
was  known  as  "Groce's  Retreat,"  near  the  present 
town  of  Hempstead.] 

From  Governor  Smith's  address  to  the  people 
of  Texas. 

EXECUTIVE  DEPARTMENT,  March  2,  1836. 

"TEXAS  EXPECTS  EVERY   MAN  TO  DO  HIS  DUTY." 

Fellow  Citizens  of  Texas. — The  enemy  are 
upon  us.  A  strong  force  surrounds  the  walls  of 
the  Alamo,  and  threatens  that  garrison  with  the 
sword.  Our  country  imperiously  demands  the 
service  of  every  patriotic  arm ;  and,  longer  to 
continue  in  a  state  of  apathy  will  be  criminal. 
Citizens  of  Texas,  descendants  of  Washington ! 
Awake  !  Arouse  yourselves ! !  The  question  is 
now  to  be  decided,  are  we  now  to  continue  free 
men,  or  bow  beneath  the  rod  of  military  disposi- 
tion ?  Shall  we,  without  a  struggle,  sacrifice  our 
fortunes,  our  liberties  and  our  lives,  or  shall  we 
imitate  the  example  of  our  forefathers  and  hurl 
destruction  on  the  heads  of  our  oppressors  ?  The 
eyes  of  the  world  are  upon  us.  All  friends  of 
liberty  and  the  rights  of  men  are  anxious  specta- 
tors of  our  conflict,  or  are  enlisted  in  our  cause. 
Shall  we  disappoint  their  hopes  and  expectations? 
No !  Let  us  at  once  fly  to  arms,  march  to  the 
battle  field,  meet  the  foe,  and  give  renewed 


302  LIFE  OF  HENRY  SMITH. 

evidence  to  the  world  that  the  arms  of  freemen, 
uplifted  in  defence  of  their  liberties  and  rights, 
are  irresistible.  Now  is  the  day  and  now  is  the 
hour,  when  Texas  expects  every  man  to  do  his 
duty.  Let  us  show  ourselves  worthy  to  be  free 
and  we  shall  be  free. 

HENRY  SMITH, 

Governor. 

The  remnant  of  the  council  continued  to 
meet  without  a  quorum  and  on  February  16th 
they  adjourned  to  meet  in  Washington  on  the 
22nd,  graciously  requesting  their  chief  and 
other  real  officers  of  the  government  to  remove 
thither.  After  the  16th  their  journals  make  no 
pretense  of  a  quorum  until  the  llth  of  March, 
nine  days  after  the  convention  had  declared 
Texas  to  be  a  Free,  Sovereign  and  Independent 
Republic,  and  on  that  day  they  admit  in  their 
dying  breath,  in  their  communication  to  the 
convention,  (as  will  be  seen  farther  on,)  and  on 
the  day  of  their  adjournment,  sine  die,  tha^  they, 
had  never  had  a  quorum  since  the  18th  of  Jan- 
uary. In  truth  they  had  none  when  they  pre- 
tended to  depose  Governor  Smith,  nor  afterwards 
What  a  commentary.  And  what  a  vindication 
of  the  incorruptible  governor ! 


LIFE  OF  HENRY  SMITH.  303 

On  the  night  of  February  26th,  came  the  first 
announcement  of  the  siege  of  the  Alamo,  in  the 
following  dispatch  from  Travis.  The  original  of 
this  document,  in  the  bold  chirography  of  the 
immortal  patriot,  has  been  the  property  of  this 
writer  for  more  than  forty  years  and  for  many 
years  has  been  framed  for  its  preservation. 

COMMANDANCY  OF  BEXAR,       } 

Feb.  23,  3  o'clock  p.  m.,  1836.  j 

To  Andrew  Ponton,  Judge,  and  the  Citizens  of 

Gonzales: 

"The  enemy  in  large  force  is  in  sight. 
We  want  men  and  provisions.  Send  them  to  us. 
We  have  150  men  and  are  determined  to  defend 
the  Alamo  to  the  last.  Give  us  assistance. 

W.  B.  TRAVIS, 
Lieut-Col.  Commanding. 

P.  S.  Send  an  express  to  San  Felipe  with 
the  news,  night  and  day."  TRAVIS. 

Immediately  on  receipt  of  the  dispatch 
Governor  Smith  had  it  printed  in  hand  bill  with 
the  following : 

APPEAL  TO  THE  PEOPLE  OF  TEXAS  ! 

fellow  Citizens  and  Countrymen.— The  fore- 
going official  communication  from  Col.  Travis, 
now  in  command  at  Bexar,  needs  no  comment. 
The  garrison,  composed  of  only  150  Americans, 


304  LIFE  OF  HENRY  SMITH. 

engaged  in  a  deadly  conflict  with  1000  of  the 
mercenary  troops  of  the  Dictator,  who  are  daily 
receiving  reinforcements,  should  be  a  sufficient 
call  upon  you  without  saying  more. 

However  secure,  however  fortunate,  our 
garrison  may  be,  they  have  riot  the  provisions 
nor  the  ammunition  to  stand  more  than  a  thirty 
days  siege  at  farthest. 

I  call  upon  you  as  an  officer,  I  implore  you 
as  a  man,  to  fly  to  the  aid  of  your  besieged  coun- 
trymen and  not  permit  them  to  be  massacred  by 
a  mercenary  foe. 

I  slight  none!  The  call  is  upon  ALL  who 
are  able  to  bear  arms,  to  rally  without  one 
moment's  delay,  or  in  fifteen  days  the  heart  of 
Texas  will  be  the  seat  of  war.  This  is  not 
imaginary.  The  enemy  from  6000  to  8000  strong, 
are  on  our  border  and  rapidly  moving  by  forced 
marches  for  the  colonies. 

The  campaign  has  commenced.  We  must 
promptly  meet  the  enemy  or  all  will  be  lost, 
Do  you  possess  honor?  Suffer  it  not  to  be  in- 
sulted or  tarnished !  Do  you  possess  patriotism  ? 
Evince  it  by  your  bold,  prompt  and  manly 
action.  If  you  possess  even  humanity,  you  will 


LIFE  OF  HENRY  SMITH.  305 

rally  without  a  moment's  delay  to  the  aid   of 
your  besieged  countrymen. 

HENRY  SMITH, 

Feb.  27,  1836.  Governor. 

On  the  29th,  General  Sam  Houston  and 
John  Forbes,  commissioners  to  the  Cherokee  and 
associate  Indians,  reported  as  follows : 

WASHINGTON,  February  29,  1836. 
To  nis  Excellency,  Henry  Smith,   Governor   of 

Texas : 

Sir. — In  accordance  with  a  commission 
issued  by  your  Excellency  dated  the  28th  day  of 
December,  1835,  the  undersigned  commissioners, 
in  the  absence  of  John  Cameron,  Esquire,  one 
of  the  commissioners  named  in  the  above  men- 
tioned instrument,  most  respectfully  report : 

That  after  safficient  notice  being  given  to 
the  different  tribes  named  in  the  commission,  a 
treaty  was  held  at  the  house  of  John , 

one  of  the  tribe  of  Cherokee  Indians. 

****** 

The  commissioners  would  also  suggest  to 
your  Excellency  that  titles  should  be  granted  to 
such  actual  settlers  as  are  now  within  the  desig 
nated  boundaries,  and  that  they  should  receive  a 
fair  remuneration  for  their  improvements  and 
the  expenses  attendant  upon  the  exchange,  in 
lands  or  other  equivalent. 


306  LIFE  OF  HENEY  SMITH. 

It  will  also  be  remembered  by  your  Excel- 
lency that  the  surrender  by  the  government  of 
the  lands  to  which  the  Indians  may  have  had 
any  claims  is  nearly  equivalent  to  that  portion 
now  alloted  to  them,  and  most  respectfully 
suggest  that  they  should  be  especially  appropri- 
ated for  the  use  of  the  government. 

They  also  respectfully  call  your  attention  to 
the  following  remarks,  viz : 

The  state  of  excitement  in  which  the  Indians 
were  first  found  by  your  commissioners  rendered 
it  impossible  to  commence  a  negotiation  with 
them  on  the  day  first  set  apart  for  it.  On  the 
day  succeeding,  the  treaty  was  opened.  Some 
difficulty  then  occurred  relative  to  the  exchange 
of  lands,  which  the  commissioners  proposed 
making  for  those  now  occupied  by  them,  which 
was  promptly  rejected.  The  boundaries  were 
those  established  as  designated  in  the  treaty 
alone,  and  that  such  measures  should  be  adopted 
by  your  Excellency  for  their  security  as  may  be 
deemed  necessary. 

****** 

The  commissioners  used  every  exertion  to 
retain  that  portion  of  the  territory  for  the 
use  of  the  government,  but  an  adherence 
to  this  would  have  had  but  one  effect,  viz : 


LIFE  OF  HENRY  SMITH.  307 

that  of  defeating  the  treaty  altogether.  Under 
these  circumstances  the  arrangement  was  made 
as  now  reported  in  the  accompanying  treaty- 
They  would  also  suggest  the  importance  of  the 
salt*wor-ks  to  the  government  and  the  necessity 
that  they  should  be  kept  for  its  use. 

The  commissioners  also  endeavored  to  enlist 
the  chiefs  of  the  different  tribes  in  the  cause  of 
the  people  of  Texas,  and  suggested  an  enrolment 
of  a  force  from  them  to  act  against  our  common 
enemy.  In  reply  to  which  they  informed  us 
1  hat  the  subject  had  not  before  been  suggested  to 
1  hem.  But  a  General  Council  should  be  held  in 
the  course  of  the  present  month,  when  their 
determination  will  be  made  known. 

The  expenses  attendant  upon  the  treaty  are 
comparatively  light.  A  statement  of  which  will 
be  furnished  to  your  Excellency.  All  of  which 
is  most  respectfully  submitted. 

SAM  HOUSTON, 
JOHN  FORBES. 

The  convention  assembled  and  promptly 
organized  at  Washington  on  the  1st  day  of 
March,  1836,  by  electing  Richard  Ellis,  of  Red 
River,  President,  and  H.  S.  Kimble  Secretary, 
this  being  the  first  time  that  Red  River  was  rep- 
resented in  the  councils  of  the  countrv. 


308  LIFE  OF  HENRY  SMITH. 

On  the  2nd  of  March  the  Declaration  of 
Independence  was  unanimously  adopted — then 
enrolled  and  signed  on  the  3rd. 

Governor  Smith,  the  Lieutenant-Governor 
and  remnant  of  the  council  had  previously  ar- 
rived. 

Governor  Smith  promptly  submitted  to  the 
convention  the  following  report : 

GOVERNOR  SMITH  TO  THE  CONVENTION. 

To  the  President  and  members  of  the  Convention 

of  the  people  of  Texas. 

Gentlemen. — Called  to  the  gubernatorial  chair 
by  your  suffrages  at  the  last  convention,  I  deem 
it  a  duty  to  lay  before  your  honorable  body  a 
view,  or  outline,  of  what  has  transpired  since 
your  last  meeting,  respecting  the  progress  and 
administration  of  the  government  placed  under 
my  charge,  as  created  and  contemplated  by  the 
Organic  Law. 

The  council,  which  was  created  to  co-operate 
with  me  as  the  devisors  of  ways  and  means, 
having  complied  with  all  the  duties  assigned  to 
them,  by  the  3rd  article  of  the  Organic  Law, 
was  adjourned  on  the  9th  of  January  last,  until 
the  1st  of  the  present  month 

The  agents  appointed  by  your  body,  to  the 
United  States,  to  contract  a  loan  and  perform 


LIFE  OF  HENEY  SMITH.  309 

the  duties  of  agents  generally,  have  been 
despatched  and  are  now  actively  employed  in  the 
discharge  of  their  functions,  in  conformity  with 
their  instructions ;  and,  while  at  the  city  of  New 
Orleans,  contracted  a  loan  under  certain  stipula- 
tions, which,  together  with  their  correspondence 
on  that  subject,  are  herewith  submitted  for  your 
information  and  corresponding  effects. 

The  stipulations  above  alluded  to,  I  consider 
a  subject  worthy  of  your  immediate  considera- 
tion and  prompt  action.  It  is  confidently  hoped 
that  your  honorable  body  will  duly  consider  the 
matter  in  all  its  bearings,  as  it  is  immediately 
connected  with  the  interests  of  the  country. 
First  impression  may  induce  a  belief  that  the 
stipulations  would  conflict,  or  be  in  their  opera- 
tions detrimental  to  the  interests  of  others  who 
have  introduced  themselves  as  volunteer  citizens, 
to  aid  Texas  in  her  struggle  for  liberty ;  but,  on 
investigation,  it.  will  be  found  by  the  law,  that 
the  rights  of  others  which  have  been  acquired  by 
their  introduction  previous  to  the  date  of  the 
stipulations,  would  not  be  by  their  ratification,  in 
the  slightest  degree  infringed,  and  that  every- 
thing on  that  subject  would  be  fair  and  equi- 
table, as  those  holding  under  the  stipulations 
would  only  hold  their  right  and  privilege  from 
the  date  of  the  stipulation, 


310  LIFE  OF  HENRY  SMITH. 

From  the  philanthropic  donation  of  a  single 
individual,  H.  R  W.  Hill,  Esq.,  of  the  city  of 
Nashville,  Tennessee,  I  have  received  a  draft  for 
the  sum  of  five  thousand  dollars,  by  the  hands 
of  his  friend,  Geo.  C.  Childress,  Esq.,  as  a  dona- 
tion to  aid  Texas  in  her  struggle  for  liberty. 

This  draft  was  drawn  on  time,  and  has  beer: 
sent  to  the  town  of  Brazoria  for  negotiation. 
Three  thousand  dollars  have  already  been 
checked  for  and  applied  to  the  use  of  the  army, 
and  the  balance  will  remain  until  negotiated 
The  views  and  motives  of  the  philanthropic  donor 
will  be  more  clearly  understood  by  a  reference  to 
his  letter  addressed  to  his  friend,  Mr.  Childress, 
which  is  herewith  submitted.  It  is  confidently 
hoped  that  the  wishes  of  the  donor  may  be  com- 
plied with  through  the  agency  of  his  friend,  and 
for  the  action  of  your  honorable  body,  I  have 
waited,  without  acknowledging  the  recept  of  his 
highly  appreciated  favor. 

'Gen.  Sam  Houston,  Col.  John  Forbes  and 
Dr.  Cameron  were  commissioned  on  the  part  of 
this  government  to  treat  with  the  Cherokee 
Indians  and  their  associate  bands,  in  conformity 
with  the  declaration  of  the  convention  in  Novem- 
ber last,  who  have  performed  their  labors  as  far 
as  circumstances  would  permit,  which  is  alsc 


LIFE  OF  HENRY  SMITH.  311 

submitted  to  the  consideration  of  your  body. 
Our  naval  preparations  are  in  a  state  of  forward- 
ness The  schooners  of  war,  Liberty  and 
Invincible,  have  been  placed  under  the  command 
of  efficient  officers  and  are  now  on  duty,  and  the 
schooners  of  war,  Independence  and  Brutus,  are 
daily  expected  on  our  coast  from  New  Orleans, 
which  will  fill  out  our  navy  as  contemplated  by 
law.  Our  agents  have  also  made  arrangements 
for  a  steamboat,  which  may  soon  be  expected, 
calculated  to  run  between  New  Orleans  and  our 
sea  ports,  and  operate  as  circumstances  shall 
direct  it.  Arrangements  have  been  made  by 
law  for  the  organization  of  the  militia,  but  with 
very  few  exceptions  returns  have  not  been  made 
as  was  contemplated,  so  that  the  plan  resorted 
to  seems  to  have  proved  ineffectual. 

The  postoffice  department,  which  has  been 
placed  under  the  control  of  a  postmaster-general, 
has  been  extended  in  its  operations  to  a  consid- 
erable extent,  and  probably  as  far  as  our  limited 
means  will  at  present  justify.  It  may,  however, 
be  anticipated,  owing  to  many  circumstances, 
that  the  revenue  arising  from  it  at  present  will 
not  be  sufficient  to  justify  either  its  extension  or 
usefulness  to  be  increased,  or  to  even  keep  up  the 
different  mail  routes  already  contracted  for, 


312  LIFE  OF  HENRY  SMITH. 

without  a  suitable  appropriation  be  made  for  that 
special  purpose,  which  has  so  far  been  neglected 
by  the  General  Council.  The  14th  article  of  the 
Organic  Law,  requiring  all  land  offices  to  be 
closed,  and  the  archives  belonging  to  the  same 
to  be  deposited  in  safe  places,  secure  from  the 
ravages  of  fire,  and  devastation  of  enemies,  has 
not  been  carried  into  effect,  notwithstanding 
every  means,  other  than  a  resort  to  arms,  have 
been  used  on  my  part  to  put  an  end  to  the 
further  location  of  lands  until  the  land  offices 
should  be  properly  systematized  under  the  com- 
petent authority.  This  is  a  subject  which  I  deem 
worthy  of  the  most  serious  consideration  of  your 
body,  and  your  prompt  and  efficient  action  on  it. 
is  absolutely  necessary,  otherwise  much  dissatis- 
faction and  confusion  may  be  expected  to  ensue, 
inasmuch  as  volunteer  troops  who  have  been, 
and  many  of  whom  still  remain  on  the  frontier, 
consider  their  rights  are  not  protected,  and  have 
only  been  consoled  and  kept  quiet  by  the  prom- 
ises that  your  body  would  soon  be  in  session,  and 
properly  secure  their  rights  in  that  particular. 

The  military  department  has  been  but  par- 
tially organized,  and  for  want  of  means  in  a 
pecuniary  point  of  view,  the  recruiting  service 
has  not  progressed  to  any  great  extent,  nor  can 


LIFE  OF  HENRY  SMITH.  313 

it  be  expected,  until  that  embarrassment  can  be 
removed. 

Our  volunteer  army  on  the  frontier  has 
been  kept  under  continual  excitement  and 
thrown  into  confusion  owing  to  the  improvident 
acts  of  the  General  Council  by  their  infringe- 
ments upon  the  prerogative  of  the  commander- 
in-chief,  by  passing  resoulutions,  ordinances  and 
making  appointments,  &c.,  which  in  their  prac- 
tical effect,  were  calculated,  in  an  eminent  * 
degree,  to  thwart  everything  like  systematic 
organization  in  that  department. 

Nothing  as  yet  has  been  done  towards  forti- 
fying our  sea  coast,  and  until  we  can  be  supplied 
with  the  necessary  means  to  raise  recruits  to  our 
regular  army,  it  will  be  found  very  difficult  to 
erect  the  necessary  fortifications,  or  even  to  keep 
up  the  garrisons  already  taken  from  the  enemy. 

The  offices  of  auditor  and  controller  of  pub 
lie  accounts,  have  some  time  since  been  created 
and  filled,  but  what  amount  of  claims  have  been 
passed  against  the  government  I  am  not  advised, 
as  no  report  has  yet  been  made  to  my  office;  but 
of  one  thing  I  am  certain,  that  many  claims  have 
been  passed  for  which  the  government  in  justice, 
should  not  be  bound  or  chargeable.  The  General 
Council  has  tenaciously  held  on  to  a  controlling 


314  LIFE  OF  EENBY  SMITH. 

power  over  these  offices,  and  forced  accounts 
through  them  contrary  to  justice  and  good  faith, 
and  for  which  evil,  I  have  never  yet  been  able  to 
lind  a  remedy ;  and  if  such  a  state  of  things 
shall  be  continued  long,  the  public  debt  will  soon 
be  increased  to  an  amount  beyond  all  reasonable 
conception. 

With  a  fervent  and  anxious  desire  that  your 
deliberations  may  be  fraught  with  that  unity  of 
feeling  and  harmony  of  action,  so  desirable  and 
necessary  to  quiet  and  settle  the  disturbed  and 
distracted  interests  of  the  country,  and  that  your 
final  conclusions  may  answer  the  full  expecta 
tions  of  the  people  at  home  and  abroad  : 

I  subscribe  njyself  with  sentiments  of  the 
highest  regard  and  consideration, 

Your  obedient  servant, 
HENRY  SMITH, 
Governor. 

On  the  4th  a  committee  of  the  convention 
called  upon  the  few  members  of  the  council 
present  and  requested  that  all  their  papers  and 
records  be  delivered  to  that  body.  This  did  not 
meet  the  views  of  those  individuals,  as  shown  in 
their  communication  of  the  8th,  as  follows ; 


LIFE  OF  HENRY  SMITH.  315 

To  the  Honorable  the  President  and  Members  of 

the  Convention. 

"The  undersigned,  members  of  the  General 
Council  of  the  Provisional  Government,  have 
understood  from  some  sources,  that  the  verbal 
notice  given  us  a  few  days  since,  by  a  committee 
of  your  honorable  body,  that  the  convention  was 
organized,  was  deemed  a  sufficient  announce- 
ment that  the  powers  of  the  Provisional  govern- 
ment had  ceased.  This,  from  our  understanding 
of  the  Organic  Law,  we  did  not  think  to  be  the 
case,  nor  that  we  could  be  relieved,  without 
some  declaration  on  the  part  of  the  convention. 
Accordingly  we  replied  verbally  to  your  com- 
mittee, that  we  w^ere  ready  to  surrender  the 
archives  of  the  council  into  the  hands  of  a  com- 
mittee, or  any  authority  acting  as  a  government, 
provisionally  or  otherwise.  The  unfortunate 
difficulties  that  arose  between  the  different 
branches  of  the  Provisional  Government,  of 
which  it  is  unnecessary  to  speak  at  this  time,  in 
some  measure  crippled  its  operations  and  pre- 
vented it  from  acting  with  that  energy  so  neces- 
sary in  a  crisis  like  the  present.  This  state  of 
things  we  expected  would  induce  the  convention 
to  organize  immediately  some  temporary  au- 
thority to  meet  the  present  exigencies  of  the 
country. 


316  LIFE  OF  HENRY  SMITH. 

We  could  not  suppose  that  the  convention 
superseded  the  Provisional  Government,  without 
some  declaration  on  their  part  of  such  fact.  If  it 
is  so  deemed  by  your  honorable  body  or  if  any 
authority  is  designated  to  receive  the  archives, 
we  shall  be  ready  to  deliver  them,  and  return 
with  pleasure  to  our  homes  and  the  field." 

The  remnant  continued  to  meet  daily  with- 
out a  quorum  till  March  1  Ith,  on  which  day  the 
secretary  of  the  convention  presented  to  them 
the  following  resolutions  adopted  by  that  plenary 
representation  of  the  people.  The  resolutions  of 
the  convention  were  introduced  in  that  body  by 
General  Thomas  J.  Eusk  and  adopted  as  follows: 

Resolved,  "That  the  late  Governor  Henry 
Smith,  the  late  Lieutenant-Governor  James  W. 
Robinson,  and  the  late  council,  the  late  treasurer, 
the  late  auditor  and  comptroller  of  Public  Ac- 
counts be  requested  to  deliver  to  this  house,  all 
the  books,  papers,  journals,  correspondence,  con- 
tracts, laws  and  all  other  papers  connected  with 
or  relating  to  their  several  offices. 

Resolved,  That  the  secretary  of  this  house 
make  and  hand  forthwith  to  each  of  the  afore 
mentioned  individuals  a  copy  of  this  resolution, 
and  request  of  them  the  books  and  papers  re- 
ferred to." 

H.  S.  KIMBALL,  Sec. 


LIFE  OF  HENRY  SMITH.  31  7 

Governor  Smith  promptly  and  joyfully  sur- 
rendered his  authority  to  the  convention  of  the 
people,  in  the  highest  degree  exhilarated  by  his 
triumphant  vindication  through  the  unanimous 
declaration  of  independence  and  popular  ap- 
proval of  his  course  from  all  parts  of  the  coun- 
try. The  remnant,  however,  sent  in  a  farewell 
to  the  convention  in  the  following  words : 

To  the  Honorable  Convention : 

The  undersigned  members  of  the  General 
Council  present,  acknowledge  the  receipt  by  the 
hand  of  your  secretary,  of  a  resolution  of  your 
honorable  body,  requesting  the  archives  of  the 
General  Council.  In  reply  we  have  to  say  that 
they  are  at  your  disposal.  From  ail  examination 
of  them  it  will  be  seen  that  the  necessary  laws 
have  been  passed  to  prepare  the  country  for  a 
vigorous  defense  against  her  enemies,  and  for 
the  i  egulation  of  our  civil  affairs,  which,  if  prop- 
erly executed,  will  be  sufficient  to  meet  the  wants 
of  the  country  until  a  new  organization  takes 
place,  under  the  constitution  to  be  framed  by 
your  body.  Since  the  18th  day  of  January  last 
there  has  not  been  a  quorum  of  the  council 
present.  Previous  to  that  date  however,  (foresee- 
ing that  such  an  event  might  happen),  resolu- 
tions by  the  council  were  passed  dividing  the 


318  LIFE  OF  HENRY  SMITH, 

members  that  might  remain  into  committees, 
for  the  purpose  of  advising  the  Executive,  as 
required  by  the  Organic  Law,  and  transacting 
such  business  as  might  be  of  pressing  importance, 
sneh  as  filling  vacancies  in  offices,  providing 
exprece.es,  advising  instructions  to  agents  and  to 
military  officers,  &c.,  copies  of  all  which  will  be 
found  in  the  Executive  office. 

The  secretary  of  the  council  has  directions 
to  deliver  the  archives,  at  any  time  when  called 
for.  He  has  been  for  some  time  past  transcribing 
the  journals  into  a  book  for  more  convenient 
reference  and  their  safe  preservation,  a  matter 
that  has  been  delayed  for  want  of  stationery. 
He  will,  if  permitted  to  have  access  to  them  for 
a  few  days,  complete  the  work  without  any 
charge  to  the  government. 

Your  obedient  servants. 

They  then  entered  on  their  journals  this  last 
resolution : 

Resolved,  That,  inasmuch  as  the  convention 
has  assumed  to  itself  the  powers  of  a  govern- 
ment, and  made  a  demand  for  the  archives  of 
this  body,  we  deem  it  a  duty  to  yield  to  that 
call,  and  surrender  our  trust  into  their  hands, 
although  not  in  accordance  with  the  provisions 
of  the  Organic  Law;  yet  we  are  confident  that 


LIFE  OF  HENRY  SMITH.  319 

an  apology  for  this  course  will  be  found  in  the 
present  distracted  state  of  public  affairs,  and  a 
wish  on  our  part  to  do  all  in  our  power  to  pro- 
mote union  and  concert  of  action  in  the  defense 
of  our  beloved  country  against  he?  merciless  in- 
vaders 

Whereupon  the  remnant  of  the  council  ad- 
journed sine  die— some  of  them  never  again  to 
hold  public  trust  at  the  hands  of  the  people. 
This  remark  is  believed  to  be  true  with  regard  to 
all  of  the  little  handful  who  originated  the  war- 
fare on  Governor  Smith.  But  let  this  remark 
not  be  misunderstood.  A  considerable  majority 
of  those  who,  from  first  to  last,  served  in  the 
council,  were  patriotic  men,  and  afterwards  en- 
joyed public  confidence,  Those  who  participated 
in  the  war  on  the  governor  and  concocted  the 
schemes  deemed  by  him  to  be  pernicious,  hardly 
constituted  a  third  of  the  whole  number  who 
served,  and  they  doubtless  misled  others  who 
desired  to  serve  the  country  faithfully.  This 
remark  eminently  applies  to  several  taking  part 
in  this  contest,  who  were  pure  and  patriotic  men 
and  who,  it  is  reasonable  to  suppose,  were,  at  the 
most  critical  period  of  the  quarrel,  influenced  by 
the  bitter  invectives  of  the  irate  Governor.  Of 
diplomacy  Governor  Smith  knew  nothing.  It 


320  LIFE  OP  HENRY  SMITH. 

was  contrary  to  his  nature.  His  frankness 
made  enemies  of  some.  His  attachments  were 
strong;  yet  no  man  was  more  prompt  in  con- 
doning a  personal  wrong  to  himself,  unless  he 
believed  it  sprang  from  a  bad  heart.  But  with 
him  a  wrong  to  his  country  by  a  public  servant 
was  unpardonable.  He  believed  certain  men  in 
the  council  and  some  of  their  tools  outside  were 
such  men  and  did  not  hesitate  to  say  so. 

It  will  be  seen  that  the  convention  distinctly 
recognized  Henry  Smith  as  the  Governor  up  to 
toe  last  moment  and  Robinson  only  as  Lieuten- 
ant-Governor, and  from  this  conclusive  action  of 
the  plenary  body  which  declared  Texas  an  Inde- 
pendent Eepublic  history  can  make  no  appeal 
It  must  also  be  borne  in  mind  that  on  the  assem 
blage  of  the  convention,  neither  the  committee 
of  the  council  appointed  for  that  purpose  nor  any 
member  of  that  body,  ventured  to  present  to  the 
newly  elected  representatives  of  the  people  their 
charges  against  Governor  Smith,  or  in  any  man- 
ner ask  his  trial.  The  letters  of  Cols.  Wm. 
Ward  and  Wm.  G.  Hill  to  them  and  the  general 
tone  of  public  sentiment,  seem  to  have  been 
sufficient  admonition  to  them  to  avoid  the  humil- 
iation awaiting  such  a  movement. 


LIFE  OF  HENRY  SMITH.  321 

Governor  Smith  remained  in  Washington, 
in  consultation  with  members  of  the  convention, 
till  near  the  completion  of  its  labors. 

On  the  16th  of  March  the  convention  enacted 
an  ordinance  providing  for  a  government  ad 
interim,  to  consist  of  a  president,  vice-president 
and  cabinet,  to  serve  until,  under  the  constitu- 
tion, a  general  election  for  officers  of  the 
Republic  and  counties,  could  be  held — an  event 
that  occurred  the  first  Monday  in  Sept.  following. 

On^the  17th  the  constitution  of  the  Republic 
was  adopted,  and  on  the  morning  of  the  18th, 
being  its  last  session,  the  convention  completed 
its  labors  by  electing  the  following  ad  interim 
officials : 

President,  David  G.  Burnet;  Vice-President, 
Lorenzo  de  Zavala ;  Secretary  of  State,  Samuel 
P.  Carson ;  Secretary  of  the  Treasury,  Bailey 
Hardeman ;  Secretary  of  War,  Thomas  J.  Rusk  ; 
Secretary  of  the  Navy,  Robert  Potter ;  Attorney 
General,  David  Thomas. 

General  Sam  Houston  had  previously  been 
elected  Commander-in-chief  of  the  armies  of  the 
new  Republic,  as  he  had  been  by  the  Consultation 
of  the  army  under  the  Provisional  Government. 
He  had  taken  leave  of  the  convention  on  the  7th 
and  arrived  at  Gonzales  at  4  p.  m.,  on  the  llth, 


322  LIFE  OF  HENRY  SMITH. 

and  at  once  assumed  command  and  proceeded 
to  the  organization  of  the  volunteers  there  assem- 
bled. About  twilight  of  the  same  day  Anselmo 
Borgarra  and  another  Mexican  brought  in  the 
first  intelligence  of  the  fall  of  the  Alamo;  but 
their  statements  were  doubted  and  they  were 
temporarily  held  in  arrest,  lest  they  might  be 
spies.  On  the  morning  of  the  13th  General 
Houston  dispatched  Deaf  Smith,  Henry  W. 
Karnes  and  Robert  E.  Handy  to  go  near  enough 
to  San  Antonio  to  ascertain  the  facts  and  return 
in  three  days.  About  twenty  miles  beyond  Gon- 
zales  they  met  Mrs.  Dickinson,  with  her  infant 
daughter,  Sam  the  negro  servant  of  Col.  Travis, 
and  Ben,  a  free  negro  man  servant  of  the  Mexi- 
can Col.  Juan  N.  Almonte— the  three  former 
having  been  spared  in  the  Slaughter — and  who 
had  been  allowed  to  leave  by  Santa  Anna.  They, 
of  course,  confirmed  the  statements  of  the  two 
Mexicans.  Karnes  hastened  back  with  the  news, 
reaching  Gonzales  about  9  o'clock  that  night,  and 
this  was  the  first  authentic  information  of  the 
fall  of  the  Alamo  ever  received  by  the  soldiers  or 
people  of  Texas.  Mrs.  Dickinson  and  party  did 
not  arrive  till  next  day. 

Governor  Smith  rejoined  his  family  in  the 
municipality    of  Brazoria,    to    find    the    whole 


LIFE  OF  HENRY  SMITH.  323 

country  deserted  and  being  deserted  by  the  in- 
habitants fleeing  east,  in  consequence  of  the 
advance  of  the  Mexican  army  on  both 
the  upper  and  lower  routes.  From  choice  or 
necessity  he  delayed  until  it  was  too  late  to  move 
eastwardly  beyond  the  Trinity.  He  finally  made 
an  effort  to  cross  his  family  on  to  Galveston 
Island  at  the  west  end  and  succeeded,  or  par- 
tially succeeded,  about  the  time  the  battle  of 
San  Jacinto  occurred,  immediately  after  learning 
which  he  returned  to  his  farm  and  endeavored 
to  raise  a  crop,  on  which  to  subsist. 

On  July  28,  1836,  President  Burnet,  in  fulfil- 
ment of  his  duties,  issued  a  proclamation  order- 
ing a  general  election  throughout  the  Eepublic 
for  national  and  county  officers — on  the  ratifica- 
tion of  the  constitution  and  on  the  question  of 
annexation  to  the  United  State?.  The  election 
was  fixed  for  the  first  Monday  in  September, 
1836,  and  took  place  on  that  day. 

On  the  publication  of  this  proclamation  the 
friends  of  Governor  Smith  throughout  large 
portions  of  the  country,  put  forth  his  name  as  a 
candidate  for  president.  Gen.  Austin  returned 
to  Texas  about  the  same  time  (in  June)  and  his 
name  was  put  forth  in  like  manner,  as  was 
also  that  of  Gen,  Sam  Houston.  Governor 


324  LIFE  OF  HENRY  SMITH. 

Smith  refused  to  be  a  candidate  and  urged  his 
friends  to  support  Gen.  Houston.  It  was  also 
contended  that  Gen.  Austin's  health  incapacitated 
him  for  the  grave  responsibilities  of  the  office,  yet 
both  gentlemen  received  a  complimentary  vote, 
while  the  chief  vote  was  cast  for  Gen.  Houston. 
Gen.  Mirabeau  B.  Lamar  was  elected  vice-presi- 
dent by  a  large  majority.  A  full  Senate  and 
House  of  Representatives,  to  compose  the  first 
Congress  of  the  Republic,  were  elected  at  the 
same  time. 

President  Burnet  called  this  new  and  first 
Congress  to  meet  at  Columbia  on  the  3rd  of 
October.  The  Congress  assembled  and  organized 
on  that  day. 

On  the  22nd  of  October,  at  the  request  of 
President  Burnet,  he  was  superceded  by  the  in. 
stallation  of  Messrs  Houston  and  Lamar  as 
President  and  Vice-President. 

HOUSTON'S  FIRST  CABINET. 

Following  his  induction  into  office  President 
Houston  sent  into  the  Senate  for  confirmation 
the  following  nominations  for  seats  in  his 
cabinet : 

For  Secretary  of  State,  Stephen  Fuller 
Austin. 

For  Secretary  of  the  Treasury,  Henry  Smith. 


LIFE  OF  HENRY  SMITH.  325 

For  Secretary  of  War,  Thomas  J.  Rusk. 

For  Secretary  of  the  Navy,  S.  Rhoads  Fisher. 

For  Attorney   General,   J.   Pinckney   Hen-, 
derson : 

All  of  whom  were  confirmed,  but  Governor 
Smith  was  the  only  one  who  served  through  the 
whole  presidential  term.  The  subjoined  corres- 
pondence will  show  with  what  reluctance  he 

again  assumed  official  duties. 

COLUMBIA,  October  28,  1836. 
Honorable  Henry  Smith. 

Dear  Sir. — I  take  pleasure  in  announcing 
to  you  the  confirmation  of  your  nomination  to 
the  appointment  of  Secretary  of  the  Treasury 
of  the  Republic,  by  the  Senate. 

Should  you  accept  the  same  you  will  indicate 
your  determination  by  repairing  to  this  place 
and  entering  on  the  duties  of  your  appointment. 

I  have  the  honor  to  be 

Your  obedient  servant, 

SAM  HOUSTON. 

Governor  Smith,  in  opposition  to  his  personal 
inclination,  accepted  the  appointment. 
LETTERS  TO  SECRETARY  SMITH  FROM  WM.  H.  WHAR- 
TON,  MINISTER  TO  THE  UNITED  STATES. 

WASHINGTON,  D.  C,  Feb.  7,  1837. 

[PRIVATE.] 

My  Dear  Sir. — Under  this  date  1  have  ad- 
dressed you  an  official  note  in  relation  to  my 


326  LIFE  OF  HENRY  SMITH, 

drafts  upon  you  as  Secretary  of  the  Treasury, 
I  received  your  private  letter  by  Mr.  Catlett  and 
am  truly  thankful  for  your  evidence  of  a  remem- 
brance of  me,  having  received  no  other  evidence 
of  that  kind  from  anybody  in  Texas  since  leav- 
ing, except  Collingsworth  and  Gen.  Henderson, 
with  whom  I  hope  you  are  well  pleased,  (that  is 
in  the  cabinet).  My  dispatches  to  the  govern- 
ment having  been  so  frequent,  minute  and 
explicit,  I  deem  it  unnecessary  to  say  much  to 
you  in  regard  to  politics,  inasmuch  as  you  will 
have  access  to  the  dispatches.  In  them  I  have 
given  not  only  my  opinion,  but  my  fears,,  my 
hopes  and  my  conjectures.  In  the  language  of 
Othello  "I  have  spoken  to  you  as  I  did  ruminate 
and  have  given  my  worst  of  thoughts  the  worst 
of  words." 

We  have  certainly  been  treated  with  great 
coolness  and  injustice  thus  far.  An  attempt  to 
postpone  the  consideration  of  our  claims  has 
been  industriously  made  for  reasons  assigned  in 
my  dispatches,  to  which  I  again  refer  you.  They 
are  eight  in  number  and  very  full,  I  still  hope, 
however,  that  we  will  be  recognized  before  this 
session  is  over.  In  my  dispatches  I  have  been 
compelled  to  speak  freely  of  certain  persons  and 
political  parties.  A  publication  of  them  would 


LIFE  OF  HENRY  SMITH.  32 7 

be  very  embarrassing  at  this  time  and  will  not, 
I  trust,  be  thought  of.  It  is  my  earnest  wish  to 
visit  Texas  after  the  rising  of  Congress  and  I 
wish  leave  of  absence  for  that  purpose  or  to  be 
allowed  to  resign.  I  have  applied  to  the  presi- 
dent for  this  leave  and  if  not  granted  I  wish  to 
resign.  Nothing  will  be  done  here  in  the  recess 
of  Congress. 

My  wife  and   child  are  in  tolerably  good 
health.  Yours  most  truly, 

WM.  H.  WHARTON; 

SECRETARY  SMITH  TO  H.  R.  W.  HILL,  NASHVILLE, 

TENNESSEE. 

COLUMBIA,  TEXAS,  Jan.  15,  1837. 
Dear  Friend. — I  with  pleasure  acknowledge 
the  receipt  of  the  papers  which  you  were  kind 
enough  to  forward,  and  appreciate  the  feeling 
which  prompted  your  remarks,  but  am  sorry  to 
say  that  we  are  not  in  that  state  of  preparation 
to  receive  the  enemy  that  I  could  wish,  should 
they  again  have  the  temerity  to  make  a  descent. 
I,  however,  feel  warranted  in  saying  that  unpre- 
pared as  we  may  be,  we  will  render  a  good 
account  of  ourselves.  From  our  last  advices  it 
was  not  known  that  Santa  Anna  had  been  re- 
leased, nor  the  effect  it  might  have  on  the  nation. 
Whether  this  will  prove  a  good  or  bad  policy 


328  LIFE  OF  HENRY  SMITH. 

remains  yet  to  be  ascertained.  Oar  army  at  the 
last  advices,  in  actual  service,  did  not  exceed 
1000  effective  men ;  so  that  our  main  dependence 
is  on  our  militia  and  none  can  be  more  efficient 
when  properly  officered.  1  have  every  confidence, 
should  another  invading  army  make  its  appear- 
ance, that  but  few,  if  any,  men  of  character  will 
seek  shelter  across  the  Sabine. 

Few  in  number  as  we  are,  the  Mexican 
Nation  may  annoy  but  can  never  conquer  or 
exterminate  us,  provided  we  are  true  to  each 
other. 

I  feel  extremely  anxious  to  hear  from  Wash- 
ington, and  know  our  fate  with  that  government 
—whether,  as  solicited,  we  are  recognized  and 
annexed,  or  either  is  a  matter  about  which  I  feel 
much  concerned. 

I  did  not  have  the  pleasure  of  seeing  or  be- 
coming acquainted  with  the  secret  and  confiden 
tial  agent  sent  by  the  president  to  examine  and 
report  respecting  our  situation  and  ability  to 

exercise  the  civil  functions. 

****** 

Our  mutual  friend  will  enclose  you  a  draft 
on  Messrs.  Robison,  Wood  &  Co.,  of  your  city, 
for  $1000,  drawn  in  my  favor  by  Col.  James 
Barrett,  which  you  will  please  have  negotiated. 


LIFE  OF  HENEY  SMITH.  329 

I  herewith  enclose  you  an   advertisement 
which  speaks  for  itself,  which  you  will  please  be 
good  enough  to  have  published   in  the   'True 
American,"  or  such  other  paper  in  your  city  as 
may  have  the  greatest  circulation,  and  must  beg 
permission  to  use  your  name  as  a  reference.     If 
it  should  meet  your  approbation,  you  will  please* 
insert  it.     Any  trouble  you  may  be  at  on  my 
account  will  at  all  times  be  reciprocated,  and 
I  will  be  glad  to  serve  you  in  any  way  within 
my  power.      1  am  at  a    loss  to    know    what 
papers  in  the    different  states    may  have  the 
greatest  circulation  and  must  request  you  to  fll 
out  the  list  for  me,  by  inserting  in  the  memo- 
randum  below  the  advertisement  such  papers  as 
you  may  think  would  be  most  proper,  published 
in  New  Orleans,  Natchez,  Louisville,  Frankfort, 
(Ky.,)  Cincinnati,  Nashville,  City  of   Washing- 
ton and  any  other  Southern   paper   which  you 
may  deem  important,  as  the  South  will  probably 
have  the  greatest  interest.      I  am  at  a  loss  to 
knoto-  how  to  have  the  publishing  paid  for.     You 
will  therefore   please  arrange  that  for  me  and 
retain  it  out  of  the  draft  spoken  of  above,  or  by 
drawing  on  R  Mills  &  Co.,  Brazoria,  and  it  will 
be  immediately    accommodated,    as   you 


330  LIFE  OF  HENRY  SMITH. 

direct.    You  will  please  attend  to  this  immedi- 
ately, as  it  is  important. 

#####* 

Let  me  hear  from  you  soon.  With  assur- 
ances of  the  highest  regard  and  consideration 

HENRY  SMITH. 

WM.  H.  WHARTON  TO  SECRETARY  SMITH. 

[PRIVATE.] 
WASHINGTON,  February  20,  1837. 

My  Dear  Sir. — I  have  only  time  to  say  a 
pacing  word  before  the  closing  of  the  mail,  in 
answer  to  yours  of  the  7th  ultimo,  which  has 
just  come  to  hand.  I  will  write  more  fully  in  a 
day  or  two.  The  great  object  of  this  is  to  pro- 
cure your  aid  in  inducing  President  Houston  to 
accept  my  resignation,  which  I  have  several 
limes  tendered.  Two  ministers  here  at  any  time 
are  unnecessary,  and  in  the  recess  of  Congress 
when  nothing  will  be  done,  would  bring  us  into 
merited  contempt  and  burlesque. 

General  Hunt  is  willing  and  anxious  to  re- 
main and  I  would  not  miss  being  at  our  next 
Congress  on  any  account  in  the  world  For 
God's  sake  and  my  sake  try  and  have  my  resig- 
nation accepted  There  shall  be  no  difficulty 
about  my  outfit  or  delay.  1  will  be  satisfied  with 
anything  the  government  determines  in  thi.- 


LIFE  OF  HENRY  SMITH.  331 

respect.  If  they  require  me  to  refund  every 
cent  I  have  received,  so  be  it.  The  committee 
on  foreign  affairs  of  the  lower  House  have  re- 
ported in  favor  of  our  recognition  and  nothing 
but  want  of  time  will  prevent  the  concurrence  of 
Congress.  I  will  bring  you  thi)  best  books  for 
your  department  that  I  can  procure. 
My  family  are  in  tolerable  health. 

Truly  yours, 
WM.  H.  WHARTON. 

NEW  ORLEANS,  March  23,  1837. 
My  Dear  Sir. — I  have  been  taken  by  surprise 
in  the  sailing  of  the  Johannes,  or  I  would  write 
you  more  at  length.  I  have  only  time  to  say  that 
the  salvation  of  our  country  depends  upon  no 
further  issue  of  treasury  notes  being  made  by 
our  next  Congress,  and  upon  having  all  our  cus- 
toms paid  in  cash,  instead  of  being  b  mded.  I 
have  published  some  articles  on  the  subject,  also 
your  admirable  letter,  which  have  had  a  happy 
effect.  Aid  Eussell  in  getting  a  home.  His 
business  is  important  Give  Congress,  at  an 
early  day,  a  full  report  of  your  views. 

Yours  truly, 
WM.  H.  WHARTON. 

Mr.    Whar ton's   resignation  being  accepted 
he  had  left  Washington  for  home,  arriving  in 


332  LIFE  OF  HENRY  SMITH. 

New  Orleans  on  the  20th  of  March.  From  there 
he  sailed  for  Texas  in  the  Schooner  of  War,  Inde- 
pendence, Capt.  Wheelwright,  with  a  crew  of  thir- 
ty-one men.  About  thirty  miles  off  Velasco,  on 
the  17th  of  April,  the  Independence  was  attacked 
by  the  Mexican  war  brigs  Libertador,  carrying 
16  eigteen- pounders  and  140  men,  and  T^incedor 
del  Alamo,  carrying  6  twelve  and  1  eighteen- 
pounder  and  100  men.  After  a,  severe  fight,  in 
which  the  Texians  acted  most  gallantly  and 
Capt.  Wheelwright  was  severely  wounded,  the 
Independence  was  captured  and  carried  into 
Brazos  Santiago,  whence  the  prisoners  were  con- 
veyed to  Matamoros  and  imprisoned.  Learning 
this,  Col.  John  A.  Wharton,  with  the  president's 
permission,  with  thirty  Mexican  prisoners  and  a 
flag  of  truce,  sailed  for  Matamoros  to  effect  an 
exchange  for  his  brother  and  the  other  captives, 
but,  on  landing,  was  seized  and  imprisoned. 
After  an  imprisonment  of  six  days,  he  escaped 
iind  returrei  home,  his  brother  having  escaped 
;t  few  days  before. 

Mrs.  Wharton  did  not  return  with  her  hus- 
band froi*  Washington,  and,  on  the  1st  of  May, 
Governor  &mith  wrote  her  this  letter : 


LIFE  OF  HENRY  SMITH.  333 

HOUSTON,  May  l,  1837. 
Mrs.  Sarah  A.  Wharton: 

Esteemed  Friend. — Hearing  that  you  Would 
probably  return  heme,  by  way  of  Mobile,  I  ad- 
dress you  at  that  point  in  discharge  of  a  duty, 
to  which  the  suspense  and  anxiety  in  regard  to 
the  fate  of  your  husband  lends  additional  obliga- 
tions. Fully  realizing  the  emotions  that  reports 
would  be  calculated  to  produce  on  your  mind,  1 
hasten  to  give  you  the  earliest  information  of 
what  has  happened,  in  order  that  you  may  be  at 
least  partially  relieved  of  the  intense  anxiety 
under  which  I  know  you  must  be  laboring  It  was 
well  known  here  that  Mr.  Wharton  sailed  from 
New  Orleans  in  the  Independence,  with  the 
schooner  Julius  Caesar  under  convoy.  After 
getting  to  sea,  they  received  information  that; 
our  coast  was  certainly  infested  with  Mexican 
armed  vessels  and  that  in  all  probability  they 
would  come  in  collision.  Mr  Wharton  was 
therefore  induced  to  quit  the  armed  vessel  and 
go  on  board  the  neutral  merchantman,  which 
was  considered  the  best  sailer. 

When  the  action  commenced  between  the 
armed  vessels  the  merchantman  parted  company 
and  attempted  Tier  escape,  bu,t  was  ultimately 
captured  and  taken  into  Matamoros.  The  result 


334  LIFE  OF  HENRY  SMITH. 

of  the  conflict  between  our  armed  vessels  and 
the  Mexican  brigs  has  not  yet  been  ascertained, 
but  no  doubt  exists  that  she  was  either  sunk  or 
captured,  and  taken  to  Vers\,  Cruz.  This  infor- 
mation, from  a  seemingly  authentic  sou?ce,  has 
entirely  relieved  my  own  mind  from  anxiety  or 
fears  as  to  the  ultimate  fate  of  Mr.  Wharton, 
and  I  confidently  hope  it  will  have  a  similar 
effect  on  your  own.  The  worst  that  can  be  an- 
ticipated will  bo  a  short  detention.  Bu?tamente, 
who  is  now  said  to  be  in  power,  has  recalled  all 
the  troops  from  our  frontier  and  has  resolved  to 
have  our  difficulties  amicably  settled.  All  the 
Mexican  prisoners  here  have  been  released  and 
the  same  may  be  expected  on  their  part.  My 
own  anxiety  on  that  subject  is  now  entirely 
relieved.  And  permit  me,  dear  madam,  to  im- 
plore you  not  to  despond.  Look  on  the  bright 
side  of  the  picture.  All  will  yet  be  well—  Texas 
free  and  happiness  restored.  Time  will  not 
permit  me  to  detail  passing  events.  Our  Congress- 
men are  just  arriving  at  the  new  city,  and  going 
into  session,  and,  as  yet,  there  is  nothing  of  im- 
portance to  communicate 

With  sentiments  of  regard   and   considera- 
tion, I  am  very  respecfully,  your  friend, 

HENRY  SMITH. 


LIFE  OF  HENRY  SMITH.  335 

The  communications  following  are  of  in- 
terest. 

GENERAL  RUSK  TO  SECRETARY  SMITH. 

NACOGDOCHES,  May  19,  1837. 
Honorable  Henry  Smith. 

Dear  Sir. — The  situation  of  our  office  and 
the  great  inconvenience  attending  the  transac- 
tion of  business  when  I  left  Columbia  last  fall 
prevented  my  attending  to  the  transacting  of 
some  business  I  had  in  the  Treasury  Department. 
I  had  all  along  intended  to  go  to  Houston,  during 
the  present  session,  but  my  business  is  such  that 
I  cannot  go,  and,  as  I  am  anxious  that  the  mat- 
ter should  be  arranged,  I  will  thank  you  to 
inform  me  what  course  will  be  best  to  pursue . 
whether  to  constitute  an  attorney  there,  or  send 
the  papers  direct  to  you.  The  business  is  this : 
When  the  cabinet  were  leaving  Washington, 
Bailey  Hardeman,  the  Secretary  of  the  Treasury, 
deposited  in  my  hands  $1,000,  a  small  portion  of 
which  was  expended  under  direction  of  the  Pres- 
ident, and  on  his  arrival  at  Harrisburg,  I  handed 
him  the  remainder  and  took  Hardeman's  receipt 
for  it,  which  receipt  and  the  other  vouchers  1 
have.  If  you  will  have  the  kindness  to  inform 
me  how  I  had  best  send  them  in  order  to  have 
the  business  settled  I  will  be  much  obliged  to  you, 


336  LIFE  OF  HENRY  SMITH. 

1  have  also  some  other  business.  I  received 
some  money  here,  as  agent  of  the  Provisional 
Government,  which  I  expended  in  enlisting  a 
company  of  regulars  and  enrolling  and  sending 
on  volunteers.  I  have  all  the  vouchers  for  the 
expenditure,  and  if  it  could  be  arranged  by  send- 
ing down,  I  would  be  glad.  I  would  like  ex- 
tremely to  hear  from  you,  at  a  leisure  moment, 
on  general  prospects,  as  they  present  themselves 
about  the  seat  of  government,  as  we  receive  very 
little  news  from  that  quarter. 

I  am,  sir,  truly  your  friend, 
THOS.  J.  BUSK. 

The  correspondence  of  Governor  Smith, 
during  his  Secretaryship,  though  bijt  partially 
accessible,  is  continued  as  of  interest  in  connec- 
tion with  his  public  career. 

SECRETARY  SMITH  TO  THE  PRESIDENT. 

TREASURY  DEPARTMENT,    ) 
HOUSTON,  June,  21,  1837.) 

To  His  Excellency  Sam  Houston,  President. 

Respected  Sir. — I  am  satisfied  that  my  ser- 
vices in  the  department,  to  which  you  have  had 
the  goodness  to  call  me,  cannot,  under  existing 
circumstances,  be  productive  of  any  good  to  the 
public.  It  is  a  duty  which  I  owe  to  myself, 
and  more  particularly  to  my  family,  if  my 


LIFE  OF  HENRY  SMITH.  337 

services  cannot  be  usefully  employed  for  the 
public,  that  my  attention  to  their  interests  should 
be  paramount  to  all  other  considerations. 

It  is,  I  presume,  well  known  to  your  Excel- 
lency that  for  the  last  two  or  three  years  my 
time  has  been  devoted  principally  to  the  services 
of  the  public  to  the  total  neglect  of  my  pecuniary 
affairs,  and  being  now  well  satisfied  that  my 
services  in  this  department  can  neither  be  ren- 
dered satisfactory  nor  creditable  to  myself,  nor 
to  the  promotion  of  the  public  interest,  I  must 
beg  permission  to  tender  to  you  my  resignation 

In  asking  permission  to  retire  from  your 
cabinet  1  assure  you  that  I  am  influenced  by  no 
other  motive  than  a  sense  of  duty  to  myself  and 
growing  family,  whose  prospects  in  life  depend 
entirely  on  my  own  individual  exertions. 

Permit  me,  dear  sir,  to  tender  to  you  r  - 
ne wed  assurances  of  my  highest  regard  and 
consideration.  HENRY  SMITH, 

Secretary  of  Treasury. 

To    this    frank    communication     Presiden 
Houston  replied  in  the  following  flattering  letter  : 
CITY  OF  HOUSTON,  June  21,  1837. 

My  Dear  Sir. — Your  note  of  this  morning  i 
have  received,  tendering  your  resignation  of  the 
office  of  Secretary  of  the  Treasury. 


33S  LIFE  OF  HENRY  SMITH. 

That  you  should  retire  at  this  time  would,  in 
my  humble  opinion,  be  inauspicious  to  the  in- 
terests of  our  country.  Your  steadfastness  and 
integrity  of  character  are  calculated  to  inspire 
confidence  in  the  community,  and  this  is  neces- 
sary to  the  success  of  our  cause.  Without 
national  prosperity  there  can  be  no  hope  of  indi- 
vidual happiness. 

That  you  have  paternal  ties  which  must 
operate  powerfully  I  have  no  doubt,  and  that 
your  life  and  attention  to  business  (since  I  had 
first  the  pleasure  of  your  acquaintance)  has 
been  most  patriotically  devoted  to  the  public 
service  and  interest,  none  can  doubt.  Then  if 
you  and  those  in  whom  the  people  have  confi- 
dence should  resign,  a  want  of  confidence,  if  not 
despair,  would  seiz?  upon  the  public  mind,  and 
anarchy  would  be  the  consequence. 

That  you  had  much  to  dishearten  you  in  the 
course  pursued  by  the  last  Congress,  I  am  satis- 
fied most  fully;  but  let  us  look  out  for  better 
days  and  cherish  the  hope  that  the  next  Congress 
will  adopt  such  measures  as  will  save  the  country 
and  redeem  us  from  embarrassment. 

I  pray  that  you  will  no  longer  entertain  a 
conviction  that  you  ought  to  retire,  and  at  the 
first  moment  that  business  will  permit,  you  can 


LIFE  OF  HENRY  SMITH.  339 

retire  to  a  situation  where  some  attention  can 
be  given  to  your  family  relations  and  your 
health,  without  perm  it  ting  the  total  destruction  of- 
your  private  affairs  or  prejudice  to  the  interests 
of  the  general  welfare. 

You  can  appoint  such  clerks  as  you  may  de- 
sire to  perform  the  duties  in  your  office.  I  have 
the  honor  to  be 

Your  obedient  servant  and  friend, 

SAM  HOUSTON. 

Honorable  Henry  Smith,  Secretary  of  Treasury, 
To  this  Governor  Smith  responded : 

TREASURY  DEPARTMENT,    ) 
HOUSTON,  June  21,  18H7.  j 

To  His  Excellency  Sam  Houston,  President : 

Dear  Sir. — Your  polite  and  friendly  note  of 
to-day  has  been  received  and  properly  appre- 
ciated. I  certainly  feel  grateful  to  you  for  your 
kind  manifestation  of  confidence,  &c  But  I  must 
frankly  acknowledge  that  you  have  left  me  in  a 
very  great  dilemma.  I  feel  extremely  unwilling 
to  disoblige  or  in  the  slightest  degree  to  thwart 
your  wishes  or  annoy  you  with  personal  or 
written  applications  on  subjects  which  to  you,  in 
their  nature  and  tendency,  may  be  disagreeable. 
Circumstances,  however,  require  that  I  should 
leave  this  place  immediately,  at  least  for  a  time. 


340  LIFE  OF  HENRY  SMITH. 

My  clerk  will  be  here  in  a  few  days  and  Major 
Brigham  will  attend  to  anything  which  may  be 
necessary  in  the  interim, 

I  have  contracted  for  the  surveying  of  Gal- 
veston  Island,  and  the  surveyor  left  to-day  to 
commence  the  work.  I  will  send  the  advertise- 
ment for  the  sale  of  the  property  to  be  published 
in  New  Orleans,  by  the  Brig  Houston,  which  is 
now  in  the  Brazos  River,  and  nothing  shall  be 
neglected  which  may  properly  belong  to  my 
department  during  my  absence,  which  shall  be 
as  short  as  circumstances  tvill  permit. 

Hoping  you  will  not  censure  or  disapprove 
the  course  pursued  by  me  in  this  case  of  absolute 
necessity,  I  subscribe  myself. 

Very  respectfully, 
Your  obedient  servant, 

HENRY  SMITH. 
Secretary  of  Treasury. 

His  resignation  was  not  accepted,  but  he  was 
granted  a  short  leave  of  absence. 

HIS  REPLY  TO  A  RESOLUTION  OF  THE  HOUSE. 

TREASURY  DEPARTMENT,         ) 
CITY  OF  HOUSTON,  Nov.  16,  1837.  j 

Gentlemen  of  the  House  of  Representatives  ; 

In  compliance  with  a  resolution  from  your 
body,  under  date  of  the  15th  inst.,  requiring  me 


LIFE  OF  HENRY  SMITH.  341 

to  transmit  a  copy  of  my  instructions  to  the 
collectors  of  the  different  ports,  informing  them 
that  the  promissory  notes  of  the  government, 
now  being  issued,  could  not  be  received  for 
duties,  together  with  my  reasons  for  giving  such 
instructions,  I  have  the  honor  to  say  that,  under 
date  of  the  5th  of  the  present  month,  instructions 
were  transmitted  from  this  department  to  the 
collectors  of  the  ports  of  Galveston,  Brazos  and 
Matagorda  as  follows : 

Dear  Sir. — "I  know  that  the  opinion  prevails, 
generally,  that  the  promissory  notes  of  the  gov- 
ernment now  being  issued  will  be  received  for 
duties  as  well  as  all  other  public  dues.  This  idea 
is,  however,  erroneous,  as  may  be  seen  by  the 
laws  themselves.  The  Promissory  Note  Law 
passed  on  the  9th  of  June  last,  and  the  Tariff 
Law  on  the  12th  and,  being  the  last,  the  other 
could  not  effect  it;  and  the  revenues  arising 
from  impost  duties,  were  especially  appropriated 
for  a  particular  object.  You  will  therefore,  in 
no  case  receive  them  for  duties." 

Very  respectfully, 

HENRY  SMITH, 
Secretary  of  the  Treasury. 

"On  the  13th  of  the  same  month,  His  Excel- 
lency, the  president,  instructed  me  to  counter- 


342  LITE  OF  HENRY  SMITH. 

mand  the  above  order,  which  was  done  on  the 
same  day,  by  the  folio  wing  communication,  being 
transmitted  to  the  same  officers,  severally,  as 
follows:" 

Dear  Sir. — "In  my  last  communication  made 
to  both  Houses  of  Congress,  at  an  early  period 
of  l lie  called  session,  I  mentioned  the  conflict 
which  I  considered  as  existing  in  the  provisions 
of  certain  laws,  with  a  hope  that  they  would 
take  such  action  as  the  circumstances  of  the 
case  seemed  to  require,  which  would  not  only 
have  screened  me  from  all  conscientious  scruples, 
but  at  the  same  time  have  relieved  me  from  the 
disagreeable  imputation  of  arbitrary  misrule. 
At  the  first  session  of  the  General  Congress,  I 
urged  that  body  to  organize  the  department 
over  which  I  preside  by  a  law  prescribing  the 
general  duties  of  the  incumbent,  which,  however, 
was  never  done,  and  I  have  been  left  to  infer, 
from  analogy  alone,  what  my  prbper  duties  as 
the  head  of  that  department  should  be,  except 
where  special  acts  of  Congress  have  specified 
duties  to  be  performed.  And  such  special  acts  I 
have  endeavored  to  execute  to  the  best  of  my 
ability.  Thus  situated,  at  the  head  of  a  depart- 
ment, without  proper  organization,  or  any  law 
as  a  general  rule  of  action,  I  have  ever  con- 


LIFE  OF  HENRY  SMITH.  843 

sidered  myself  subject  to  the  dictation  of  the 
Chief  Executive,  who  was  directly  responsible, 
even  if  his  opinions  were  in  direct  opposition  to 
my  own. 

On  examination  of  the  following  laws  passed 
at  the  last  session,  it  will  be  seen  that  they  so 
much  conflict  in  their  provisions,  that  under 
existing  circumstances,  they  cannot  all  be  ex- 
ecuted as  contemplated  by  their  provisions. 

The  law  for  consolidating  and  funding  the 
Public  Debt,  the  Promissory  Note  Law  and  the 
Tariff,  are  the  laws  alluded  to.  It  will  be  found 
that  the  law  to  fund,  and  the  Promissory  Note  law 
passed  anterior  to  the  Tariff,  and  that  the  Tariff 
is  specific  in  its  provisions,  requiring  duties  to  be 
paid  in  gold,  silver  or  such  current  bank  paper  as 
the  authorities  should  direct,  and  the  proceeds 
arising  from  impost  and  tonnage  duties  were 
especially  appropriated  for  the  payment  of  the 
interest  of  the  Funded  Debt. 

Being  charged  specially  with  the  execution 
of  the  Funding  and  Promissory  Note  Laws,  and 
knowing  that  if  a  conflict  in  their  provisions  did 
not  exist  in  fact,  a  forced  construction  of  the 
Promissory  Note  Law  would  bring  it  about  and 
breed  discontent  and  confusion,  a  eircumstanc  > 
in  which  I  have  not  been  disappointed,  I  deemed 


344  LIFE  OF  HENRY  SMITH. 

it  prudent  to  waive  the  execution  of  either  until 
the  present  Congress  should  be  in  session  and 
cure  the  evil.  It  was  not  my  object  to  disobey 
cither  law,  but  to  .preserve  both,  as  one  was 
obligatory  upon  the  other. 

The  Funding  Law  was  the  only  provision 
made  for  the  relief  of  the  mass  of  the  public 
creditors;  and,  as  I  conceived,  less  onerous  on  the 
government  than  the  other. 

I  view  it  as  a  standing  contract  on  the  part 
of  the  government,  for  all  public  creditors  who 
nrght  choose  to  accept  its  provisions,  and  an 
infringement  made  on  the  appropriations  set 
apart  for  the  payment  of  the  interest  as  a  breach 
of  faith  on  the  part  of  the  government.  I  have 
been  coerced  into  the  execution  of  the  Promissory 
Note  Law,  and  hence  the  necessity,  as  I  conceive, 
of  issuing  to  the  collectors  the  foregoing  in 
hibitory  order,  for  the  protection  of  the  Fund- 
ing Law,  as  it  must  be  a  matter  clear  and  beyond 
a  doubt  that  the  Congress  never  did  intend  that 
the  Promissory  Notes  of  this  government  should 
be  paid  for  interest  on  the  Funded  debt,  as  it- 
would  at  once  be  raising  it  from  ten  to  twenty 
per  cent. 

It  is   extremely   unpleasant   to  the    public 
functionary  to  be  required,  in  the  discharge  of 


LIFE  OF  HENRY  SMITH.  345 

his  duties,  to  execute  laws  so  complex  in  their 
nature  and  provisions  as  not  only  to  call  down 
censure  from  the  law  makers  themselves,  but, 
at  the  same  time,  to  create  public  excitement, 
and  heap  upon  him  the  abuses  and  anathemas 
of  the  whole  community. 

In  issuing  the  foregoing  inhibitory  order,  I 
conscientiously  believed  I  was  right,  and  acting  in 
the  lawful  discharge  of  my  duty.  In  issuing  the 
countermand,  which  immediately  followed,  I 
also  considered  I  was  right,  as  I  was  ordered  by 
my  superior,  who  assumed  the  responsibility. 

The  foregoing  are  submitted  as  the  principle 
reasons  which  induced  me  to  issue  the  order 
referred  to. 

Hoping  they  will  prove  satisfactory,  I  sub- 
scribe myself,  gentlemen, 

Very  respectfully, 
Your  obedient  servant, 

HENEY  SMITH, 

Secretary  of  the  Treasury." 
On  motion  of  Mr.  Rusk  the  communication 
was  referred  to  the  committee  on  Ways  and 
Means. 

On  motion  of  Mr.  Rusk  it  was 
Resolved,  "That  the  secretary  of  the  treas- 
ury be  requested  to  furnish  this  House  with  the 


LIFE  OF  HENRY  SMITH. 

reasons  why  he  has  not  carried  into  effect  the 
law  authorizing  the  consolidation  and  funding  of 
the  Public  Debt,  and  also  to  report  whether  or 
not  any  applications  to  fund  have  been  made." 
The  following  is  the  answer  of  the  secretary : 

"TREASURY  DEPARTMENT,         ) 
CITY  OF  HOUSTON,  Nov.  20,  1837.  j 

To  the  Honorable  the  Speaker  and  members  of  the 

House  of  Representatives. 

Gentlemen. — The  resolution  from  your  House 
under  date  of  the  18th  inst,  has  been  received, 
and  I  hasten  to  comply  with  its  requisitions. 

I  am  required  by  the  resolution  to  furnish 
your  body  with  the  reasons  why  I  have  not  car- 
ried into  effect  the  law  authorizing  the  consolida- 
tion and  funding  of  the  public  debt. 

This  plan  was  one  of  my  own  suggesting, 
and  the  original  bill  was  drafted  by  myself,  to 
gether  with  the  revenue  laws  for  its  protection ; 
but  one  of  which,  however,  was  sustained,  and 
that  underwent  several  alterations  and  amend- 
ments, which  materially  altered  it  from  the  orig- 
inal presented. 

Owing  to  the  funding  system  not  being  well 
understood  I  had  much  difficulty  in  procuring 
the  passage  of  the  law  at  the  last  session,  and 
am  too  well  satisfied  of  its  beneficial  results, 


LIFE  OF  HENRY  SMITH.  347 

both  to  government  and  creditors,  to  have  the 
least  disposition  to  abandon  it. 

In  two    previous   communications  to  your 
House  I  have  adverted  to  the  substantive  reasons 
which  have  induced  me  to  delay  its  execution,  in 
terms,  as  I  conceived,  not  to  be  misunderstood. 
'Ever  willing,  however,  to  account  satisfactorily 
for  any  seeming  neglect  of  official  duty,  I  give 
the   following  as  the  last  though  not  the  only 
reason   why   that  law  has  been  delayed  in  its 
execution.     Two  different  bills  have  been  sent  to 
New  Orleans,  for   suitable    and    necessary    sta- 
tionery to  be  used  for  that  and  oilier  public  pur 
poses,  neither  of  which  has  been  filled,  for  reasons 
easily  imagined      Suitable  materials  cannot  be 
procured  in  the  country,  and,  being  satisfied  that 
the  present  Congress  would  not  probably  take 
any  action  calculated  to  protect  that  law  in  its 
provisions  and  special  appropriations    I,   some 
days  since,  issued  the  necessary  order   to  the 
General  Stock  Commissioner  to  use  such  material 
as  could  be  procured  here,  and  the  law  is  now 
being  executed ;  leaving  the  suitable  and  neces- 
sary appropriations  for  the  interest  accruing  to 
be   made  by  the   present  or  some  subsequent 
Congress. 


348  LIFE  OF  HENRY  SMITH. 

To  the  inquiry  made  "whether  any  applica- 
tion had  been  made  to  fund,"  I  reply  that  many 
have  been  made,  and  no  doubt  exists  in  my  mind 
that  the  public  creditors  will  willingly  avail 
themselves  of  the  advantages  and  inducements 
held  out  in  the  law,  and  that  the  great  mass  of 
public  liabilities  will  be  funded  as  soon  as  cir- 
cumstances will  permit,  as  the  law  will  be 
executed  in  strict  accordance  with  its  provisions. 
No  injury  has  resulted  either  to  the  government 
or  creditors  by  the  delay  in  its  execution. 

Hoping  my  responses  to  your  enquiries  may 
prove  satisfactory,  I  subscribe  myself, 
Your  obedient  servant, 

HENRY  SMITH, 
Secretary  of  the  Treasury. 
On  motion  of  Mr.  Gazley  the  communication 
was  referred  to   the  committee  of   Ways  and 
Means. 
.  NATHANIEL  TOWNSEND  TO  SECRETARY  SMITH. 

NEW  ORLEANS,  Dec.  14,  1837. 
Honorable  Henry  Smith  : 

Dear  Sir. — Last  August  or  September  a  year 
since,  I  executed  my  bond  in  favor  of  David  G. 
Burnet,  President  of  the  Republic  of  Texas,  in 
the  hope  that  some  funds  might,  in  this  way  be 
raised  for  the  use  of  the  government.  1  have 


LIFE  OF  HENRY  SMITH.  349 

understood  they  were  not  used  by  the  govern- 
ment, and  as  your  department  is  the  proper 
deposit  for  them  or  an  account  of  them,  I  would 
be  greatly  indebted  to  you  if  you  will  avail  your- 
self of  the  first  leisure  moment  to  advise  me 
where  my  bond  is  to  be  found.  The  prospects  of 
Texas  are  evidently  brightening  in  the  United 
States  and  a  deep  and  almost  universal  interest 
appears  to  be  felt  in  her  prosperity. 

I  am  rejoiced  at  the  stand  you  have  assumed, 
in  regard  to  the  financial  department,  and  I  trust 
in  God,  our  Congress  may  adopt  your  sugges- 
tions, or  at  least  a  course  calculated  to  establish 
the  faith  and  credit  of  the  government  on  a  firm 
basis  abroad.  If  they  do  not  soon,  I  fear  the 
consequences  will  be  very  disastrous  to  the 
country. 

I  am  constantly  occupied  at  my  office  and 
mostly  in  giving  such  information  as  it  is  in  my 
power  to  afford  to  those  desirous  of  emigrating 
thereto ;  but,  unfortunately,  I  am  lamentably  in 
the  dark  in  regard  to  what  has  occurred,  or 
what  laws  have  been  enacted  since  my  departure 
from  Texas,  as  I  have  not  received  any  of  them, 
although  I  have  written  the  department  of  State 
several  times  very  urgently  on  this  subject,  and 
pressed  upon  it  the  importance,  as  I  conceived, 


350  LIFE  OF  HENffr  SMITH. 

of  my  being  placed  in  possession  of  authentic 
intelligence  by  the  earliest  possible  opportunity. 
I  am  laboring  assiduously  and  to  little  purpose 
as  it  regards  pecuniary  compensation,  and  I  hope 
it  will  be  in  the  power  of  the  government,  as 
well  as  in  the  path  of  her  duty  and  interest,  to 
adopt  some  course  at  her  ports  of  entry  whereby 
a  sufficiency  may  be  thrown  into  my  hands  to 
defray  expenses  of  ooard  and  office  rent  at  least. 
At  present  my  receipts  will  barely  pay  postage. 
I  should  think  the  government  would  eventually 
find  it  necessary  to  require  all  shippers  to  exhibit 
their  invoices  at  the  port  of  shipment  to  the 
consul)Vtherein  specifying  the  marks,  numbers, 
packages  and  description  of  goods,  with  their 
actual  value,  and  that  the  shipper  be  required  to 
make  oath  to  this  and  obtain  the  Consular  cer- 
tificate thereto.  This,  in  connection  with  the 
clearance  of  the  vessel,  all  of  which  must  be 
necessarily  exhibited  to  the  revenue  officer,  wouL  I 
be  an  effectual  check  to  the  embezzlement  of 
merchandise  and  protect  the  government  against 
frauds  upon  her  revenue,  which  will  sooner  o:* 
later  be  practiced,  if  measures  are  not  adopted  t 
prevent  it.  I  shall  at  all  times  be  happy  to  hear 
from  you  and  render  you  any  service  in  my 


o 


LIFE  OF  HENRY  SMITH.  351 

power,  and  hoping  you  will  take   my  remarks 
in  a  spirit  of  kindness  as  they  are  written, 

I  remain  my  dear  sir, 
Your  very  obedient  servant, 

NATHANIEL  TCWFQSND. 
LETTER  FROM  MR.  G.  P.  GREEN. 

NEW  ORLEANS,  Jan.  12,  1838. 
Honorable  Henry  Smith,  Secretary  of  Trza^ury : 
Dear  Sir. — I  reached  this  place  on  the  8th 
inst.     On  the    following  day   I  called   on   Mr. 
Hodge,  President  of  the  Orleans  Bank,  whom  I 
understand  had  been    employed    to    have    the 
treasury  notes  engraved,  who  informed  me  that 
he  had  ordered  $500,000  struck,  but  referred  me 
to  John  R  Allen,  who  had  represented  the  busi 
ness  in  Philadelphia,  and  who  also  informed  me 
that  they  were  engraved  and  that  I  could  see 
them  at  Mr.  Toby's  of  this  city.     I  then  called 
upon  Mr.  Toby,  who  opened  a  box  containing 
bills  of  $5,  $10,  $20  and  §50,  and  told  me  that  a 
similar  box  had    been  sent  on  the  steamboat 
Columbia  to  you.     Now    that    they  are    done, 
though  not  corresponding  with  the  blank   one 
you  gave  me,  1  feel  at  a  loss  to  know  in  what 
way  to  act  and  have  finally  concluded  not  to  do 
anything  farther  in  the  matter  until  I  can  hear 
from  you.     I  shall  start  to-morrow  for  Bay  ton, 


352  LIFE  OF  HENRY  SMITH. 

Mecklenberg  County,  Virginia,  where  I  will 
await  your  communication  and  take  pleasure  in 
acting  accordingly.  In  haste  I  remain  yours, 

Very  respectfully, 
C.  P.  GREEN. 

FROM  LAUNCELOT  ABBOTT. 

NEW  ORLEANS,  March  25,  1838. 
Governor  Henry  Smith: 

Dear  Sir. — Having  the  best  wishes  for  my 
adopted  country,  it  grieves  me  much  when  I 
view  the  shameful  manner  in  which  she  is  at  the 
present  time  imposed  upon  and  injured,  almost 
to  an  incalculable  extent,  by  men  whose  villainy 
is  not  too  nice  to  prevent  their  committing  the 
worst  of  crimes.  I  allude  to  the  counterfeit  star 
money  of  Texas,  which  has  been  so  extensively 
circulated  in  this  city,  thereby  making  the  gen- 
uine paper  money  not  worth  more  than  40  per- 
cent. I  would  respectfully  suggest  to  you  the 
propriety  of  redeeming  that  money,  printed  with 
letterpress,  by  means  of  the  printed  engraving 
you  now  have.  I  would  also  call  your  attention 
to  one  other  thing.  It  is  that  of  lotteries.  I 
believe  that  Congress  has  not  passed  any  law 
authorizing  their  establishment.  You  may  ex- 
pect an  establishment  of  this  kind  in  Texas  very 
shortly,  bearing  the  name  of  the  "Texas  Free 


LIFE  OF  HENRY  SMITH.  353 

School  Lottery."  It  is  an  ingenious  mode  of 
robbing  the  people.  The  legislature  of  Louisiana 
abolished  them  this  last  session.  I  am  sure  you 
will  use  your  influence  in  preventing  their  es- 
tablishment. I  remain  sir,  with  much  respect, 

Your  obedient  servant, 
LAUNCELOT  ABBOTT. 

From  Gail  Borden,  Jr.,  Custom  House  officer 
at  Galveston,  came  the  following: 

GALVESTON,  March  27,  1838. 
Honorable  Henry  Smith : 

Dear  Sir. — A  few  days  since  I  communicated 
with  you  on  sundry  subjects,  and  this,  although 
not  in  any  way  connected  with  the  revenue  or 
finances,  may  not  prove  wholly  uninteresting. 

While  I  am  exerting  every  faculty  to  aid  in 
raising  a  revenue,  to  do  which,  under  the  disor- 
ganized state  of  our  laws,  much  mental  as  well 
as  bodily  labor  is  required,  it  is  discouraging  to 
witness  the  most  prodigal  spending  of  that 
revenue.  The  navy  at  this  place  is  at  present  a 
moth  in  the  national  purse,  which  will  eat  out 
the  filling,  and  waste  the  substance  of  the  people. 
The  'expense  of  building  in  the  navy  yard  is 
great  and  much  unnecessary  work  laid  out ;  a  two 
story  house  finished,  with  a  good  brie!:  chimney ; 
a  large  kitchen  with  a  brick  chimney  and  oven 


354  LIFE  OF  HENRY  SMITH. 

and  extensive  quarters  and  store  houses.  I  have 
seen  enormous  bills  for  stores  and  at  prices 
greatly  in  advance  of  what  others  pay  in  this 
port.  The  large  proportion  of  officers,  too,  con- 
stituting the  navy.  Two  pursers  at  $1500  each, 
whose  business  for  a  month  will  not  equal  one  of 
the  custom  house  clerks  two  days.  I  should  not 
have  troubled  myself  with  the  matter  had  I  not 
supposed  that  the  government  was  yet  unapprised 
of  the  extent  of  useless  expenses,  and  were  it 
not  that  I  believe  it  right  for  every  citizen  to 
expose  abuses  in  whatever  department  found.  I 
make  the  above  remarks  too  that  further  inquiry 
may  be  made  as  to  what  our  navy  is  doing  for 
the  benefit  of  the  country. 

This  letter  is  intended  as  a  private  one.  I 
will,  however,  inform  you  that  the  Mexican  fleet 
is  blockading  our  coast,  but  we  have  not  yet  seen 
a  vessel.  The  militia  of  this  place,  as  well  as  the 
regular  troops,  are  prepared  to  do  their  duty  in 
event  of  the  invasion  of  the  Island. 

Respectfully  your  friend  and  servant, 

GAIL  BORDEN,  JR. 

FROM  ROBERT  MILLS,  MERCHANT. 

BRAZORIA,  Jan.  26,  1838. 
Governor  Henry  Smith : 

Dear  Sir. — My  object  in  troubling  you  at 
this  time  is  to  learn  your  views  and  the  probable 


LIFE  OF  HENRY  SMITH.  355 

course  that  will  be  pursued  by  the  Executive  in 
relation  to  the  notes  of  the  government  piiid  into 
the  treasury  under  the  operation  of  the  tariff 
and  land  laws.  The  promissory  notes  of  the 
government  have  nearly  supplanted  the  circula- 
tion of  bank  notes,  for  the  obvious  reason  that 
the  holders  esteem  them  of  less  value  than  bank 
notes.  It  is  very  certain  that  if  the  $650,000  or 
even  $500,000  are  kept  in  circulation,  these  no  cs 
will  soon  be  of  as  little  value  as  other  claims 
against  the  government.  On  the  contrary,  if 
they  are  not  paid  out  of  the  treasury,  thoir  value 
will  become  enhanced  as  they  become  moro 
scarce.  I  have  taken  them  pretty  freely  until 
recently,  when  I  was  informed  that  the  law 
authorizing  their  issue  contemplated  them  in  the 
light  of  a  constant  circulation.  If  this  be  the 
case  their  value  will  be  very  uncertain.  As  it  is 
very  important  that  we  should  be  fully  informed 
on  this  subject  I  beg  you  will  write  me  at  as  early 
a  period  as  your  business  will  permit. 

Yours  truly, 
ROBERT  MILLS. 

Governor  Smith's  whole  idea  on  the  subject 
of  treasury  notes  was  to  place  them  on  a  par 
basis  by  the  plans  he  proposed  of  demanding 
specie  or  approved  American  bank  notes  in 


356  LIFE  OF  HENRY  SMITH. 

payment  of  custom  house  and  land  dues,  and 
the  hcnest  business  men  of  the  country  sustained 
him,  while  the  floating,  speculative  element  too 
successfully  opposed  the  policy.  Not  until  the 
Congress  of  1841-2,  backed  by  the  earnest  influ- 
ence of  President  Houston  and  the  labors  of  Corf 
gressmen  Wm.  E.  Jones,  of  Gonzales,  and 
Timothy  Pilsbury,  of  Brazoria;  were  the  earlier 
views  of  Governor  Smith,  improved  by  the  in- 
tervening experience,  adopted  as  the  policy  of 
the  government,  in  what  became  known  as  the 
exchequer  system.  This  proved  to  be  wise  and 
efficacious,  and  while  it  embraced  features  in 
addition  to  those  advocated  by  Governor  Smith 
in  1837-8  it  included  his  views  as  held  at  that 
period  and  afterwards. 

To  the  Honorable  Henry  Smith,  Secretary  of  the 

Treasury  : 

Sir. — You  have  leave  of  absence  until  the  1st 
of  October,  unless  the  duties  of  the  department 
should  require  your  attention  at  the  seat  of 
government, 

In  the  meantime  you  will  appoint  whomso- 
ever you  may  deem  best  to  discharge  the  duties 
of  your  department  during  your  absence. 

Your  report  will  be  prepared  by  the  10th  of 
October,  that  the  same  may  be  presented  to  the 


LIFE  OF  HENRY  SMITH.  357 

Honorable  Congress  at  the  session  of  1838.   With 
great  regards, 

Your  obedient  servant, 

SAM  HOUSTON. 
HOUSTON,  June  29,  1838. 

He  was  absent,  however,  but  a  short  time 
and  continued  assiduously  in  the  discharge  of 
his  duties  till  the  inauguration  of  the  new  ad- 
ministration. The  third  Congress  assembled  on 
the  5th  of  November,  1838.  On  the  10th  of 
Deceftiber  President  Houston  delivered  his  fare- 
well address,  when  Mirabeau  B.  Lamar  was 
installed  as  President,  and  David  G.  Burnet  as 
Vice-President.  On  that  day  Governor  Smith 
ceased  to  be  Secretary  of  the  Treasury,  and  on 
the  14th  the  House  of  Representatives  adopted 
the  following  resolution : 

Resolved,  That  the  thanks  of  this  House  be 
voted  to  the  Honorable  Henry  Smith,  late  Secre- 
tary of  the  Treasury,  for  his  able  and  states- 
manlike report  furnished  this  House,  in  accord- . 
ance  with  its  resolution,  and  also  for  the  ability 
and  integrity  with  which  he  has  managed  the 
finances  of  the  country  and  presided  over  the 
treasury  department  during  his  connection  with 
the  same. 


358  LIFE  OF  HENRY  SMITH. 

I  certify  that  the  above  is  a  true  copy  of  a 
resolution  passed  by  the  House  of  Representatives 
this  the  14th  day  of  December,  1838. 

JOHN  W.  ELDRIDGE,  Clerk. 

The  following  private  letter  from  an  unfor- 
tunate gentleman,  though  not  of  public  interest, 
furnishes  such  a  key  to  the  noble  heart  of  Gov- 
ernor Smith  that  it  merits  insertion  here : 

HOUSTON,  February  16,  1839. 
To  the  Honorable  Governor  Smith  : 

Dear  Sir. — It  was  with  surprise  as  well  as 
with  heartfelt  gratitude,  that  I  heard  from  the 
Rev.  Mr.  Chapman  you  had  voluntarily  advanced 
to  him  the  amount  ($70.00)  for  which  you  were 
so  kind,  on  two  different  occasions,  as  to  become 
my  security.  This,  although  it  did  great  violence 
to  my  feelings,  I  could  not  well  help,  especially 
as  I  could  get  literally  almost  nothing  for  my 
headlight,  and  being  entirely  out  of  business,  it 
was  almost  impossible  for  me  to  raise  any  money. 
In  the  meantime,  you  most  kindly  and  nobly 
stepped  forward  and  relieved  me  from,  the  un- 
pleasant circumstances  in  which  I  was  placed. 
I  would  far  her  apologize  to  you  if  I  supposed 
that  you  would  think  it  necessary;  but  I  believe 
you  are  fully  aware-  of  the  facts  that,  in  coming 
to  this  country  with  twenty-five  families  of 


LIFE  OF  HENRY  SMITH.  359 

immigrants,  I  have  been  at  an  expense  of  $4000, 
in  good  money— greatly  to  the  benefit  of  this 
Republic  and  without  having  as  yet  received  a 
single  dollar  myself  in  return— and  that  myself 
and  family  have  been  sick  seven-eighths  of  the 
whole  time  we  have  lived  in  the  country,  thus 
totally  disabling  me  from  business,  whether  pro- 
fessioiral  or  otherwise,  though  1  have  made  fre- 
quent attempts  to  do  something.  It  is  only  a 
few  weeks  past  that  my  health  would  enable  me 
literally  and  really  to  "go  to  work"  But  thanks 
to  the  gracious  Preserver  of  us  all !  I  am  now 
engaged  in  business  to  some  little  purpose.  I 
commenced  our  city  school  a  week  since — and 
have  recently  been  appointed  secretary  to  the 
city  council.  Hence  I  hope  soon  to  begin  to 
pay  my  debts. 

Gratefully  your  friend, 
R   SALMON. 

Governor  Smith  retired  to  his  farm  and 
devoted  himself  to  the  welfare  and  maintenance 
of  his  numerous  family.  His  domestic  relations 
and  affections  were  models  of  tenderness  and 
simplicity.  Yet  he  was  much  annoyed  by  his 
friends,  preceding  every  election,  urging  him 
again  to  enter  the  public  service  He  shrank 
from  their  importunities ;  but  they  became  so 


3  SO  LIFE  OF  HENRY  SMITH. 

pressing  that  in  1840  he  yielded  so  far  as  to 
stand  for  a  seat  in  Congress  and  was  triumph- 
antly  elected  by  the  people  of  Brazoria,  among 
whom  his  Texas  home  had  ever  been.  He  served 
with  distinguished  ability  as  chairman  of  the 
committee  on  finance  and  made  such  an  able 
and  exhaustive  report  as  to  lead  to  the  wise  leg- 
islation, already  referred  to,  by  the  succeeding 
Congress  of  1841-2. 

Thus  closed  his  public  career.  Thencefor- 
ward, though  always  deeply  interested  in  what- 
over  affected  the  welfare  of  the  country,  his 
lime  was  passed  in  the  bosom  of  his  family.  It 
is  meet,  therefore,  here  to  insert  a  few  expressions 
from  those  who  knew  him  best  as  to  his  charac- 
ter and  services. 

The  letters  from  prominent  and  faithful 
patriots  to  him,  from  the  opening  of  the  issue  in 
1835  to  the  Declaration  of  Independence  in 
March,  1836,  are  too  numerous  to  refer  to.  But 
they  show  the  powerful  hold  he  had  upon  the 
public  confidence  as  a  clear-headed,  honest  man, 
of  dauntless  moral  courage  and  inflexible 
patriotism. 

MORE  RECENT  LETTERS. 

On  the  25th  of  May,  1882,  the  venerable 
Thomas  H.  Brennan,  of  Milam  County,  after 


LIFE  OF  HENRY  SMITH.  361 

referring  to  Governor  Smith's  earlier  services, 
wrote  of  the  meeting  in  Brazoria  in  1832 : 

"Henry  Smith  read  a  paper  he  had  prepared 
foreshadowing  the  independence  of  Texas.  After 
this  he  became  prominent  in  Brazoria  and  the 
surrounding  country.  I  know  of  no  reason  why 
he  was  elected  governor  but  his  ability,  his  force 
of  character  and  his  fitness  for  the  position.  He 
was  in  favor  of  a  Republic  from  the  beginning 
in  1835,  while  many  good  and  true  Texians  were 
opposed  to  it." 

Dr.  Ashbel  Smith,  in  1882,  among  other 
things  wrote : 

"Bear  in  mind  that  I  am  not  comparing  him 
with  county  court  statesmen  and  political 
shysters,  but  with  men  whose  thoughts  govern 
the  actions  of  others,  and  I  have  rather  attempt- 
ed to  portray  him,  not  as  he  was  to  us  who  were 
endeared  to  him  and  he  to  us,  but  as  he  will  bt> 
estimated,  without  emotion,  by  posterity."  After 
brief  allusion  to  his  early  connection  with  the 
government,  he  says  of  him  :  "Governor  Smith 
possessed  natural  powers  of  a  high  order.  His 
strength  of  will  and  moral  courage  were  of  the 
highest  type,  and  he  was  conscio  us  of  pos- 
sessing these  imperial  qualities.  He  was  of 
medium  stature  and,  as  he  approached  the 


362  LIFE  OF  HENRY  SMITH. 

middle  period  of  life,  became  stout ;  always  erect, 
and  so  free  from  nervous  restlessness  that  he 
must  have  been  a  good  physiognomist  who  could, 
from  his  manner,  interpret  his  thoughts.  He 
was  a  calm,  well  poised  man." 

Dr.  Smith  closes  in  these  words : 
"The  administration  of  the  finances  of  the 
Republic  of  Texas  under  both  terms  of  Houston's 
administration,  Henry  Smith  having  organized 
the  Treasury  Department  at  the  inception  of  the 
government  in  Houston's  first  term,  was  charac- 
terized by  eminent  ability  and  crowned  With 
extraordinary  success.  Even  slander  never 
questioned  the  integrity  of  the  first  secretary 
through  whose  hands  passed  the  entire  revenues 
of  the  Republic.  Henry  Smith  went  into  the 
Treasury  Department  poor;  his  style  of  living  was 
simple  and  inexpensive;  he  came  out  of  office 
and  gave  up  the  keys  of  his  department  poor. 
His  unblemished  name  is  a  possession  which  the 
State  inherits  from  the  Republic  of  Texas." 

ASHBEL  SMITH. 

The  pure  and  then  venerable  Dr.  Charles  B. 
Stewart,  the  Executive  Secretary  in  the  Pro- 
visional Government,  who  was  fined  $2,500  by 
the  council  for  his  fidelity  to  Governor  Smith,  in 
1879  wrote : 


U  OF  HENRY  SMITH.  363 

"It  has  vexed  me  to  see  that  the  publications 
and  histories  of  Texas  have  paid  so  little  regard 
to  Governor  Smith  who,  with  Dr.  Branch  T. 
Archer,  John  A.  Wharton  and  others,  were  the 
patriotic  founders  of  the  Republic  of.  Texas. 

With  both  the  will  and  the  desire  to  aid  y®u 
in  rescuing  the  memory  and  virtues  of  Governor 
Smith  from  the  obscurity  which  fate  or  design 
has  visited  them,  disease,  age  and  infirmity  have 
rendered  me  unable  to  aid  you  in  so  laudable  an 
effort.  ***** 

You  have  my  best  wishes  for  the  successful 
vindication  of  Governor  Smith  from  the  obloquy 
sought  to  be  cast  upon  him,  and  from  the  im- 
proper and  unjust  neglect  of  the  writers  and 
historians  of  Texas." 

[Neither  these  nor  the  other  letters  referred 
to  were  written  to  the  author  of  this  volume,  but 
to  another  gentleman  then  contemplating 
writing  the  life  of  Governor  Smith.  By  him 
they  were  kindly  placed  at  the  disposal  of  the 
author  of  this  work.] 

In  1841,  in  anticipation  of  the  presidential 
election  to  occur  in  September,  a  widely  spread 
call  was  made  upon  Governor  Smith,  by  the 
friends  of  Gen.  Houston,  to  stand  for  the  vict'- 
presidency  on  the  same  ticket.  Doubts  arising 


364  LIFE  OF  HENEY  SMITH, 

as  to  the  governor's  willingness  to  become  a 
candidate,  a  very  large  meeting  assembled  in  the 
city  of  Houston,  on  the  15th  of  April,  of  which 
Dr.  Alexander  Ewing  was  President  and  Francis 
E,  Lubbock,  (since  governor  and  now  Treasurer 
of  the  State,)  was  Secretary. 

Francis  E,  Lubbock,  James  "W.  Scott, 
George  Fisher,  Dr.  Wm.  M.  Carper  and  Dr.  C. 
H.  Jaeger  were  appointed  a  committee  to  report 
resolutions  fcr  the  action  of  the  meeting.  They 
reported  the  following,  which  were  adopted  with 


groat  enthusiasm : 


"Whereas,  A  doubt  exists  on  the  part  of  the 
political  friends  of  General  Houston  as  to  the 
willingness  of  the  Honorable  Henry  Smith,  of 
the  County  of  Brazoria.  to  be  considered  a  can- 
didate for  the  Vice-Presidency  of  this  Eepublic 
at  the  election  in  September  next ;  and,  whereas. 
the  good  of  the  country  requires  a  union  of 
action  in  regard  to  the  election  for  vice-president 
and  the  nomination  of  a  suitable  candidate  to 
be  supported  for  said  office  with  effect  by  the 
political  friends  of  Gen.  Sam  Houston;  and, 
irhereas,  several  candidates  are  already  nomina- 
ted for  said  office :  Therefore,  to  insure  a  suc- 
cessful issue  to  the  said  election,  by  the  majority 
of  the  friends  of  Gen.  Houston,  in  electing  a 


LIFE  OF  HENRY  SMITH.  365 

man  of  their  choice  as  the  vice-president  of  this 
Republic,  who  in  case  of  being  called  by  the  con- 
stitution to  fill  temporarily  the  Executive  chair, 
would  pursue  the  steps  and  carry  out  the  meas- 
ures of  Gen.  Houston  :  Therefore, 

Resolved,  That  committee  of  one  hundred 
and  one,  be  appointed  by  the  chair  to  request  the 
Honorable  Henry  Smith  to  allow  his  name  to 
be  placed  before  the  people  as  a  candidate  for  the 
office  of  Vice-President  of  this  Republic. 

The  committee  of  "one  hundred  and  one," 
promptly  communicated  these  proceedings  to 
Governor  Smith,  accompanied  by  an  urgent 
letter.  He  replied  on  the  1st  of  May,  declining 
to  be  a  candidate  and  supporting  the  candidacy 
of  Dr.  Anson  Jones,  who,  however,  subsequently 
determined  not  to  run,  and  Gen.  Edward  Burle 
son  was  elected  over  Memucan  Hunt. 

We  would  most  gladly  record  of  Governor 
Smith  that  he  lived  to  a  ripe  old  age,  with  the 
mantle  of  his  well  earned  honors  about  him,  to 
share  with  his  compatriots  in  the  abundance  and 
security  and  glory  of  the  State  to  achieve  whose 
independence  he  devoted  the  prime  of  his  man- 
hood; but  it  was  decreed  otherwise.  Let  then 
a  grateful  country  cherish  and  honor  his  mem- 
ory, and  not  grudgingly  bestow  the  laurels  to 


366  LIFE  OF  HENRY  SMITH. 

which  he  is  entitled  by  every  claim  that  can  be 
awarded  to  the  highest  and  purest  and  most  self 
sacrificing  patriotism. 

Governor  Smith  continued  quietly  attending 
to  his  home  affairs  and  landed  interests  on  and 
near  Aransas  bay.  In  1840,  as  shown  elsewhere, 
one  of  his  daughters  married  Col.  George 
W.  Fulton,  who,  from  that  date  till  1846 
was  a  member  of  his  family,  when  he  removed 
to  the  city  of  Baltimore,  where  and  elsewhere  in 
the  Middle  States,  as  a  civil  and  railroad  engin- 
eer, he  remained  21  years,  till  1867,  and  then 
removed  to  his  present  home  and  pasture  lands 
on  the  bay  named.  Thus  matters  stood  to  the 
date  of  the  following  letter,  which  is  self-ex- 
planatory : 

BBAZOMA,  April  16,  1849. 
Col.  George  W.  Fulton,  Baltimore : 

Dear  Sir  and  Son. — John,  James,  [his  sons], 
Stewart,  [his  colored  servant],  and  myself  are  on 
ike  eve  of  leaving  for  California  in  search  of  the 
"golden  fleece/1  William  may  perhaps  join  us 
somewhere  on  the  route.  1  received  a  letter  from 
him  yesterday  dated  at  Brownsville,  in  answer 
to  one  I  had  written  him.  Seven  out  of  twelve 
died  at  the  house  where  he  boarded,  with 
cholera.  He,  however,  remained  in  good  health. 


LIFE  OF  HENRY  SMITH.  367 

It  may  seem  to  you,  as  it  does  to  many 
others,  strange  that  a  man  of  my  age  should 
undertake  so  difficult  and  hazardous  a  trip.  I 
feel,  however,  that  it  is  necessary  and  that  I  am 
competent  to  the  undertaking.  My  sons  were 
spending  their  lives  in  idleness  and  no  field  open 
for  them  here.  They  were  violently  attacked 
with  the  gold  fever  and  were  determined  to  go 
on  some  terms  or  other.  They  had  not  the 
means  to  fit  themselves  out  and  would  be  totally 
at  the  mercy  of  the  world  if  they  should  even  be 
fortunate  enough  to  get  there.  So,  on  their 
account  alone,  I  determined  to  break  myself  up, 
and  raise  the  means  necessary  for  an  outfit  and 
go  with  them  and  aid  them  in  the  best  manner 
I  could,  and  if  fortune  favored  us,  well ;  if  not, 
they  at  least  would  be  benefitted  as  they  would 
have  a  new  and  wide  field  in  which  to  operate, 
and  might  do  well  if  they  would ;  if  not,  I  would 
not  be  to  blame.  Here  they  could  effect  nothing. 
This  I  thought  was  my  duty  under  the  circum- 
stances, and  would  peril aps  be  the  best  patri- 
mony I  could  bestow  on  them.  And  if  I  could 
acquire  anything  myself  it  would  be  for  the 
benefit  of  my  daughters  and  my  little  curly 
haired  grand-children.  There  is  no  telling  what 
might  happen,  as  the  inducement  to  exertion. 


368  LIFE  OF  HENRY  SMITH. 

from  all  accounts,  will  be  unbounded,  and  will 
perhaps  give  me  new  life  and  new  energy.  I 
have  every  confidence,  if  we  can  arrive  there 
safely,  we  will  be  able  to  stand  the  trial  as  well 

as  most  that  may  go. 

#  #  «  *  *  * 

For  outfit  I  have  procured  a  good  strong 
light  wagon,  and,  as  the  demand  for  horses  and 
mules  has  made  them  very  scarce  and  high,  1 
will  start  with  three  or  four  yokes  of  good  steers, 
so  that  the  load  will  not  be  felt,  with  harness  for 
mules  when  I  get  where  they  can  be  bought,  if 
found  necessary.  The  wagon  will  not  be  heavily 
loaded,  but  with  the  most  substantial  and  dura- 
ble supplies  of  provisions  for  at  least  six  or  eight 
months,  with  all  the  necessary  tools  and  as  many 
water  casks  as  we  can  find  room  for,  to  supply 
us  with  water  through  the  deserts,  as  it  seems 
some  such  have  to  be  crossed  on  any  route  we  can 
take.  In  short,  we  will  go  provided  against  all 
contingencies  that  can  be  anticipated,  and  hope 
to  have  sufficient  means  to  carry  with  us  to  pro- 
cure fresh  supplies  on  the  route  where  they  can. 
be  had,  and  save  our  cured  provisions,  so  as,  if 
possible,  to  arrive  there  with  as  much  as  we 
shall  h#ve  at  the  start.  Corn  can  be  procured 
in  some  places  and  I  will  take  with  me  a  steel 


LIFE  OF  HENRY  SMITH.  369 

mill  which  can  be  fitted  up  in  a  few  minutes,  so 
we  will  have  fresh  meal  on  the  whole  route. 

We  expect  to  be  some  three  or  four  months 
on  the  trip.  All  in  this  country  that  are  able  to 
fit  out  are  afloat  for  California.  Most  from  this 
part  of  the  country  have  been  gone  for  several 
weeks;  none,  however,  seemed  determined  on 
any  definite  route,  and  many,  I  have  no  doubt, 
will  fail  or  suffer  much.  They  would  not  wait 
on  Gen.  Worth's  movements,  and  left  in  detached 
parties.  We,  however,  have  determined  to  wait 
Gen.  Worth's  movements  and  follow  in  his  train. 
It  is  stated  that  he  will  leave  Bexar  about  the 
1st  of  May  and  we  are  using  every  exertion  to 
get  there  about  that  time.  We  will  have  his 
protection  as  far  as  the  Gila,  where  he  will  estab- 
lish a  garrison.  We  will  then,  as  I  consider  it. 
have  passed  the  most  dangerous,  difficult  and 
least  known  part  of  the  route.  We  know  from 
there ,  hundreds  of  wagons  have  passed,  by 
making  some  detour  perhaps  to  the  mouth  oJ.' 
that  river,  at  which  place  we  cross  the  Colorado 
of  the  West,  said  to  be  distant  from  San  Diego 
on  the  Pacific  about  :200  miles,  and  something 
like  half  that  distance  is  said  to  be  desert,  which 
cannot  be  avoided.  Once  at  San  Diego,  our 
troubles  will  bu  at  an  end,  all  after  that  being 


370  LIFE  OF  HENRY  SMITH. 

plain  roads  and  fair  sailing.  I  feel  satisfied  if 
we  can  arrive  there  safely,  should  gold  not  be  as 
plentiful  as  represented,  we  could  find  some  ad- 
vantageous employment,  and  here  we  do  much 
less  than  nothing.  I  am  worn  out  with  the 
monotony.  Any  change  would  be  an  advan- 
tage to  me.  God  knows  1  have  nothing  to  fear 
or  dread.  With  the  exception  of  a  few  farmers 
who  seem  yet  alive  to  their  sugar  prospects  this 
country  is  in  a  perfect  state  of  apathy.  Many 
large  improvements  abandoned  and  offered  for 
sale,  but  seldom  find  purchasers  or  even  renters, 
and  so  left  to  dilapidation,  as  my  place  will  be. 
I  feel  pretty  well  assured  that  I  will  never 
attempt  to  reclaim  it.  We  had,  a  few  nights 
ago,  a  killing  frost,  which,  with  some  few  excep- 
tions, made  a  total  sweep  of  the  growing  crops — 
corn  waist  high  and  some  beginning  to  silk,  the 
people  generally  having  planted  early,  and  cot- 
ton beginning  to  make  forms,  was  entirely  de- 
stroyed and  sugar  cane  much  retarded.  This 
was  a  death  blow  to  the  farmers,  and  to  make 
the  matter  worse  no  rain  has  as  yet  followed  the 
frost,  leaving  the  ground  too  dry  to  replant  with 
any  hope  of  success.  Our  peach  trees  being  in 
full  leaf,  protected  the  fruits.  I  was  fortunate 
enough  this  time  to  have  nothing  destroyed. 


LIFK  OF  HENRY  SMITH.  371 

Hundreds  would  now,  if   they  could  make  the 
outfit,  leave  for  California. 

I  expect  myself  to  be  gone  one  year,  more 
or  less,  as  circumstances  may  direct.  I  may 
return  by  PANAMA.  My  sons  will,  I  presume, 
remain  for  some  time. — Will  be  my  general  agent 
and  attend  to  my  suits  and  land  matters,  which 
I  hope  will  be  brought  to  a  close.  * 

Tell  Harriet  and  Lizzie,  [Harriet  was  Mrs. 
Fulton  and  Lizzie  his  single  daughter  with  her,] 
that  papa  had  not  time  to  write  to  them  specially 
— that  he  is  going  in  search  of  the  golden  fleece 
and  should  he  be  fortunate  enough  to  find  it 
they  will  be  largely  the  beneficiaries,  and  Lizzie 
shall  have  all  the  golden  ornaments  she  may 
desire,  provided  she  is  industrious  in  her  studies, 
and  when  she  is  able,  write  to  her  mama,  as 
papa  will  be  absent.  -  And  tell  Henry,  my  name- 
sake, and  George  the  scholar,  and  my  little  curly 
headed  Ann,  not  forgetting  Jim,  the  great,  that 
grandpa  has  gone  to  "Alta  California,"  in  search 
of  gold  for  them,  and  if  they  are  good  children 
and  give  him  their  blessings,  he  will  throw  the 
sands  high  and  bring  them  plenty  of  gold  and 
deliver  it  in  person. 

P.  S.  I  will  write  you  a  few  lines  from 
Bexar  if  I  have  time,  and  from  all  points  on  the 


372  LIFE  OF  HENRY  SMITH. 

route    that  will  permit.      Address  me  at  San 
Antonio.     Affectionately, 

HENRY  SMITH. 

He  wrote  Col.  Fulton  from  beyond  San 
Antonio : 

LEONA,  September  10,  1849. 

Dear  George — We  left  home  about  the  1st 
of  June  with  the  view  of  joining  the  govern- 
ment train  from  Bexar  to  El  Paso.  We  found, 
after  leaving  home,  that  the  train  had  left,  with 
the  cholera  in  company — that  the  disease  was 
raging  as  an  epidemic  to  a  frightful  extent 
around  our  whole  frontier  and  we  did  not  think 
it  prudent  to  dare  it ;  so  we  stood  aloof  through 
the  rainy  and  hot  months  and  whiled  away  our 
time  at  convenient  and  suitable  places.  We  then 
approached  Bexar  and  remained  in  its  vicinity 
several  weeks,  until  we  heard  of  a  tram  of  50  or 
60  wagons,  under  charge  of  Col.  Cazneau,  loaded 
with  merchandise  for  El  Paso  and  Chihuahua. 
I  met  with  Messrs.  Van  Ness,  Colquohoun  cind 
others,  interested  parties,  who  told  me  the  train 
would  be  at  the  government  station  on  this  river 
by  the  time  I  would  get  here.  We  hurried  on 
for  fear  of  being  left  and  have  been  here  over 
two  weeks  and  the  train  is  riot  yet  arrived. 
They  had  to  open  their  own  road.  Messrs. 


LIFE  OF  HENRY  SMITH. 

Cazneau  and  Van  Ness  left  some  ten  days  ago 
to  meet  it,  but  have  not  returned  yet.  The  gov- 
ernment has  three  companies  at  this  cantonment, 
which  is  the  last  on  the  route  to  El  Paso.  We 
are  now  encamped  five  miles  west  of  them  at  the 
very  head  springs  of  this  river,  100  miles  west  of 
Bexar,  right  on  the  public  highway  and  ready  to 
join  any  company  that  may  pass.  It  must  how- 
ever be  a  suitable  and  efficient  one  or  we  will 
wait  for  the  government  train.  The  Corpus 
Christi  train,  should  it  come  on,  has  ox  teams 
like  our  own  and  would  suit  us  on  that  account 
Our  team,  four  yokes,  are  now  well  trained  and 
in  much  better  condition  for  traveling  than 
when  we  left  home.  We.  have  here,  of  course, 
excellent  water,  grass,  wood  &c ;  game  not  so 
plenty  as  we  could  wish,  it  being  so  near  the 
encampment,  but  we  find  plenty  and  more  than 
necessary  for  consumption.  The  fleshy  parts 
are  cured  for  future  use,  and  the  remainder 
used;  so  our  living  is  not  expensive,  and  I  hope 
our  supplies  are  ample.  Indeed  we  are  loaded 
and  our  wagon  crowded  to  its  utmost  capacity. 
I  confidently  hope  we  will  not  be  like  thousands 
who  preceded  us  early  in  the  season  and  found 
themselves  in  a  state  of  starvation  before  they 
reached  El  Paso.  I  have  seen  several  and  heard 


374  LIFE  OF  HENRY  SMITH. 

of  many  who  have  returned  from  there  through 
much  suffering,  as  best  they  could,  and  who  say 
thousands  had  arrived  there  in  a  state  of  utter 
destitution ;  that  no  supplies  of  any  description 
could  be  had  there;  that  the  poorer  inhabi 
tants  were  themselves  in  great  want,  owing  to 
the  unexpected  and  unheard  of  flood  of  emigrants 
passing  through  and  sweeping  everything  like 
pi  ovisions  before  them,  that  and  many  are  await- 
ing the  arrival  of  the  government  train,  with  a 
hope  of  obtaining  supplies  to  proceed  either  for- 
ward or  back.  Those  people  who  hurry  and  travel 
light,  make  poor  calculations.  El  Paso  may  be 
fairly  considered  no  more  than  the  starting 
point  to  the  gold  regions  of  California,  so  you  can 
see  we  have  starving  emigrants  to  guard  against 
as  well  as  Indians  and  other  enemies. 

If  no  bad  fortune  attends  us  I  hope  we  will 
not  starve.  Many  hazards  have  to  be  encoun- 
tered and  we  go  prepared  to  meet  the  worst. 
William,  [his  third  son,]  has  not  joined  us  as  I 
hoped  he  would.  Our  band  is  quite  small  to  be 
1h<>  out  post  011  the  western  frontier  We  are 
now  encamped  five  miles  west  of  the  very  end 
of  civilization. 

The  troops  which  preceded  us  will  perhaps 
be  stationed  on  the  Grila  by  the  time  we  arrive 


LIFE  OF  HENRY  SMITH.  375 

there.  If  so  and  reports  be  true,  we  may  find 
on  some  of  its  branches  an  Eldorado  without 
farther  travel.  This  I  confidently  hope  will  be 
the  case  as  it  Avould  cut  off  the  most  tedious  and 
hazardous  part  of  the  trip. 

I  can  write  from  here  only  by  ex-press  and 
will  continue  to  do  so  when  an  opportunity  offers, 
which  will  of  course  be  seldom. 

Tell  Lizzie  that  papa  requests  that  she  should 
be  a  good  girl,  mind  her  sister,  learn  well  and 
behave  well  and  he  will  do  his  best  to  make  her 
a  fortune.  Give  my  love  to  Harriet  and  all  the 
children  and  accept  the  best  wishes  of  yours 
truly,  HENRY  SMITH. 

P.  S.  Col.  Hardee,  the  polite  and  gentle- 
manly commandant  of  this  post  and  suit,  visited 
my  camp  a  few  evenings  since,  and  in  conversa- 
tion informed  me  that  another  government 
train  would  leave  Bexar  for  El  Paso  on  the  1st  of 
October.  Could  we  have  foreseen  this  detention 
and  remained  as  we  might,  in  the  vicinity  of 
that  place,  until  that  train  started,  it  would  per- 
haps have  been  better,  as  we  may  yet  have  to 
await  its  arrival,  which  will  perhaps  bring  the 
middle  of  October.  This  would  certainly  be  a 
great  loss  of  time,  but  we  dare  not  risk  the 
wilderness  any  furtner  without  ample  protection. 


376  LIFE  OF  HENRY  SMITH. 

\ 

Time  is  nothing — scarcely  anything — I  can  truly 
say,  and  I  say  it  with  gratification  and  pride, 
that  no  company  of  Californians  has  met  with 
so  mwch  courtesy  and  kindness  from  the  time  of 
starting  up  to  the  present  writing,  Now,  how- 
ever, we  must  depend  on  our  own  resources. 

Yours  truly, 
HENRY  SMITH. 

We  have  no  other  letter  from  the  brave  old 
man  during  his  long  journey,  but  in  lieu  thereof 
are  enabled  to  present  extracts  from  a  letter  to  a 
Baltimore  paper  by  Lieutenant  Mason,  third  U. 
S.  Infantry,  dated  Ojo  de  San  Martin,  January 
16,  1850,  the  place  now  known  as  San  Martin 
Spring,  in  Beeves  County,  on  the  Texas  and 
Pacific  railroad.  Lieutenant  Mason  wrote  : 

"I  send  you,  by  Mr.  Aubrey,  a  few  hurried 
lines  informing  you  of  our  progress.  A  few 
days  before  leaving  the  Puerco,  (Pecos,)  we  were 
overhauled  by  ex-Lieutenant  Governor  James 
W.  Robinson,  (of  the  Provisional  Government 
of  1835-6,)  who  came  to  request  that  our  com- 
mand should  halt  until  his  party,  consisting  of 
seven  ladies  and  only  a  few  men,  could  join  us. 
Captain  Johns  acceded  to  his  request,  and,  ac- 
cordingly, in  three  or  four  days,  they  came  up. 
the  ladies  having  been  much  alarmed  in  the 


LIFE  OF  HENRY  SMITH.  3f  7 

mean  time  by  the  many  reports  of  hostile  In- 
dians. We  have  now  with  us  the  first  governor 
and  iirst  lieutenant-governor  of  Texas— Governor 
Henry  Smith  and  Lieutenant-Governor  James 
W.  Eobinson.  They  are  both  elderly  gentlemen, 
but  it  seems  that  even  old  age  does  not  prevent 
them  from  wending  their  way  to  the  golden 
shore.  Governor  Smith's  two  sons,  John  G.  and 
James  E.  and  a  servant  are  with  him.  Mrs. 
Robinson  and  only  son,  William,  are  also  along, 

We  have  had  several  falls  of  snow  since  1 
last  wrote  and  have,  in  consequence,  lost  many 
animals.  Since  we  left  we  have  lost  three  hun- 
dred head  of  oxen,  and  those  that  are  still  alive 
will  never  again  be  fit  for  service,  even  if  they 
reach  our  destination. 

The  day  before  we  left  the  Puerco  an  express 
was  started  with  orders  to  go  through  to  El  Paso. 
On  arriving  at  the  Guadalupe  Pass,  the  rider 
found  that  he  could  not  go  through,  as  there 
were  thirty  or  forty  Indians  on  the  alert  for  him. 
Consequently  he  returned  and  was  started  from 
this  place  last  night,  this  being  only  ten  miles 
from  the  mountains.  He  will  reach  El  Paso 
to-morrow,  if  the  Indians  do  not  molest  him. 

As  yet  nothing  has  been  heard  of  Col.  John 
G  Hays,  [the  famous  Texas  Ranger,]  who  left 


378  LIFE  OF  HENRY  SMITH. 

El  Paso  about  the  last  of  September,  with  a 
hundred  men,  for  California.  Much  anxiety  is 
felt  in  regard  to  their  safety.  Mr.  Wright,  of 
the  New  York  Herald,  accompanied  the  party, 
intending  to  return  as  soon  as  Col.  Hays  had  a 
talk  with  the  Indians,  who  were  to  have  met 
him  150  miles  beyond  El  Paso,  for  the  purpose 
of  making  a  treaty.  A  man  from  Missouri, 
named  Gordon,  who  has  been  living  with  the 
Indians  several  years,  promised  to  bring  the  In- 
dians in  to  meet  Hays.  He  also  engaged  to 
escort  Nugent  and  Mr.  David  Torrey,  a  Texas 
Indian  trader,  back  to  El  Paso  in  twenty  days 
after  they  left.  These  gentlemen  may  have 
thought  it  unsafe  to  profit  by  his  offer  and  proba- 
bly determined  to  go  through  to  California." 

[It  is  scarcely  necessary  to  say  that  Col. 
Hays  successfully  made  the  trip,  to  live  long 
and  prosperously  in  and  near  San  Francisco. 
Mr.  Torrey  did  not  go  through  to  California  but 
traveled  down  the  Rio  Grande  on  the  Mexican 
side,  to  Presidio  Del  Norte,  crossed  to  the  Texas 
side  and  opened  a  trading  camp.  A  party  of 
Mescalero  Indians,  while  trading  with  him  in  the 
most  friendly  manner,  learned  from  a  party  of 
their  people- just  arrived,  that  some  of  their  tribe 
had  been  killed  a  few  days  before,  on  the  Mexican 


LIFE  OF  HENRY  SMITH.  379 

side,  by  a  party  of  Americans  en  route  to  Cali- 
fornia. Without  a  moment's  notice  they  cleft 
Torrey's  head  in  twain  and  instantly  killed  his 
companions,  Strickland  and  two  others.  This 
tragic  event  occurred  on  Christmas  day,  1849, 
twenty-two  days  before  Lieutenant  Mason  wrote 
his  letter  at  Ojo  de  San  Martin.] 

We  have  but  the  latter  portion,  without 
date,  of  a  single  letter  written  after  his  arrival 
in  California,  to  his  wife  in  Texas,  in  which  is 
described  their  trials  from  below  Socorro,  on  the 
Rio  Grande,  (from  which  place  ex-Lieutenant- 
Governor  Robinson  had  preceded  them  and  ex- 
perienced many  trials  and  dangers  before  reach- 
ing San  Diego,)  through  the  mining  town  of 
Corralitos,  Hannas,  Santa  Cruz,  San  Gabriel, 
Tucson,  the  Pima  and  Maricopa  villages  on  the 
Gila,  across  the  Colorado  and  the  desert  beyond, 
into  California.  It  is  a  repetition  of  scenes  with 
which  this  generation  have  become  familiar. 
We  quote,  however  the  closing  sentences  in 
which  he  says : 

"  I  have  made  several  attempts  to  write  you 
before,  but  could  not  accomplish  it  because  my 
sight  has  been  so  impaired  by  the  cold  winds  of 
the  Cordilleras  in  the  winter  meeting  me  full  in 
the  face,  as  did  the  sun  in  the  afternoon,  (our 


880  LIFE  OF  HENRY  SMITH, 

course  being  west,)  and  with  nothing  upon  which 
the  eyes  could  rest  but  granite  rocks  and  white 
sand,  combined  with  the  impalpable  dust  of  the 

Gila  valley  and  the  desert.      My  eyes  are  slowly 

• 

improving,  but  you  must  excuse  me  till  they  are 
restored.  *  *  *  * 

Affectionately  yours, 

HENRY  SMITH. 

We  copy  this  familiar  signature  for  the  last 
time,  as  one  clasp.  The  hand  of  a  friend,  knowing 
that  it  is  for  the  last  time.  Although  there  is  no 
yielding  up  of  the  strong  will  or  self  reliance  or 
buoyant  hopes  or  strength  and  warmth  of  family 
ties,  in  these  two  letters  which  we  have  just 
;:ead,  yet  we  know  that  we  must  now  go  with 
sorrowful  funereal  tread  to  the  last  scene  in  the 
drama  of  his  life.  The  sad  event  could  not  be 
more  touchingiy  portrayed  than  is  done  by  the 
pen  of  his  son,  John  G.,  in  a  letter  written  to  his 
'brother-in-law,  Col.  Fulton,  in  Baltimore.  We 
may  not  lightly  intrude  upon  the  sac-redness  of 
their  great  sorrow,  but,  as  little  was  known  of 
his  active  and  useful  life,  so  few  have  known  the 
peculiarly  sad  circumstances  of  his  death,  which 
wo  copy  from  the  letter. 

Los  ANGELOS  COUNTY,  CAT,.,  March  17, 1851. 

My  Dear  Brother. — It  is  with  emotions  of 
the  deepest  sorrow  and  heartfelt  grief  that  I 


LIFE  OF  HENRY  SMITH.  381 

undertake  to  inform  you  of  the  melancholy  event 
of  the  night  01  the  4th  of  this  month.  My  father, 
(who  will  be  ever  dear  to  my  memory,)  departed 
this  life,  seemingly  in  good  health  and  to  all 
appearance  while  asleep.  He  seemed  to  have 
died  without  a  struggle,  as  I  found  him  lying  in 
an  easy  position,  with  his  eyes  closed.  He  died 
in  this  canon,  far  remote  from  any  human  habi- 
tation, without  any  one  near  him  except  Stewart, 
who  says  father  ate  a  hearty  supper  and  retired 
early  to  rest,  without  complaining,  and  that  he 
did  not  know  of  his  death  until  the  next  morn- 
ing. Brother  James  and  myself  were  ten  or 
twelve  miles  farther  up  the  canon,  prospecting 
for  gold,  leaving  our  father  and  Stewart  to  keep 
camp,  Our  provisions  becoming  short,  I  re- 
turned for  a  new  supply.  On  reaching  the  camp 
and  not  seeing  my  father  about,  I  asked  for 
him.  Stewart  said  he  was  dead.  Great  God ! 
I  exclaimed,  is  it  possible!  I  stepped  into  the 
tent,  and  behold,  there  lay  my  father,  a  lifeless 
corpse!  Stewart  said  he  had  been  dead  two 
days.  I  then  hurried,  back  to  let  James  know 
what  had  happened.  Our  way  lying  through 
the  mountains,  and  being  very  rough,  we  did 
not  reach  the  camp  until  the  next  morning  at  9 
o'clock.  "We  were  fortunate  enough  to  have 


382  LIFE  OF  HENRY  SMITH. 

some  lumber,  o.it  of  which  I  went  to  work 
making  the  coffin,  while  James  was  employed  in 
digging  the  grave.  "We  interred  the  body  about 
sunset  that  evening  as  well  af  ou^  circumstances 
would  allow.  We  buried  him  by  a  cluster  of 
sycamore  trees,  on  one  of  which,  standing  at  the 
head  of  his  grave,  I  inscribed  his  name  and 
country,  the  day  of.  his  death,  &c. 

I  should  have  mentioned  that  James  visited 
the  camp  on  the  1st  and  left  father  in  good  health 
and  spirit,  believing  that  we  would  soon  make  a 
rich  discovery.  But  alas!  we  know  not  what  the 
future  conceals  in  wait  for  us.  He  is  now  on 
earth  no  more  forever.  We  will  take  his  remains 
back  to  Texas  with  us  when  we  return.  He  was 
greatly  disappointed  in  regard  to  this  country, 
and  said  if  he  was  back  home  he  would  be  satis- 
fied to  remain  there. 

I  wish,  Mr.  Fulton,  you  would  take  charge 
of  the  estate 

Father,  on  his  way  to  this  country,  made 
some  presents  of  some  lots  and  lands,  to  some  of 
the  government  officers,  who  had  treated  us  very 
kindly.  I  cannot  specify  the  property,  but-  their 
papers  will  show  for  themselves.  I  have  written 
a  letter  to  send  home  to  Texas. 

Truly,  your  brother, 

JOHN  G.  SMITH. 
To  George  W.  Fulton,  Baltimore. 


LIFE  OF  HENRY  SMITH.  383 

Thus  died  this  pure  patriot.  He  still  sleeps 
in  that  lonely  grave  in  the  mountains  of  Cali- 
fornia, with  no  means  of  identification,  unless 
through  that  sycamore  tree,  which  may  yet  keep 
vigil  over  the  remains  of  as  lion-hearted  and 

faithful  a  son  as  Texas  ever  had. 

*****  * 

In  presenting  the  following  letter  to  the 
author,  written  in  1886,  it  may  be  said,  that 
G-eorge  W.  Fulton,  the  writer,  a  native  of  Penn 
sylvania,  and  one  of  five  brothers  of  acknowl- 
edged intelligence  and  successful  business  career?, 
came  to  Texas  in  command  of  a  ompany  of 
volunteers  in  the  winter  of  1830-7,  from  Vin- 
cennes,  Indiana,  and  from  that  time  to  1840  and 
again  from  1867  to  1887  was  ever  recognized  as 
a  gentleman  of  fine  intelligence  and  the  highest 
sense  of  honor.  For  ma  ay  years  past  he  has 
been  known  as  one  of  the  largest  stock-raisers 
in  Southwest  Texas.  His  tribute  to  the  memory 
of  Governor  Smith,  breathing  the  affection  of  a 
son,  is  here  appended  : 

"My  .first  acquaintance  with  Governor  Henry 
Smith  was  in  the  autumn  of  1837,  and  occurred 
under  circumstances  that  brought  out  strongly 
his  kindly  disposition.  I  was  at  that  time  with- 
out funds,  except  a  few  hundred  dollars 'in 


584  LIFE  OF  HENRY  SMITH. 

government  warrants,  which  I  was  very  anxious 
to  convert  into  a  more  convenient  medium  for 
travel.  The  governor,  then  secretary  of  the 
treasury,  had  set  his  face  against  the  issue  of 
treasury  notes,  and  consequently  no  one  would 
buy  my  warrants  In  order  to  assure  myself 
MS  to  the  prospect  of  converting  my  funds  at  an 
early  date,  I  concluded  to  call  on  the  secretary. 
After  introducing  myself  and  explaining  my  busi- 
ness, he  remarked  that  he  would  not  issue,  unless 
positively  ordered  to  do  so  by  Congress  or  the 
Executive.  I,  of  course,  was  very  much  disap- 
pointed, which  he  noticed,  and,  after  a  few  ques- 
tions, one  of  which  was  the  amount  that  would 
suffice  for  the  present,  handed  me  the  amount  I 
had  named.  I  thanked  him  cordially  and  handed 
him  my  warrants  which  he  pushed  away,  say- 
ing: "I  don't  want  those  things!"  Much  sur- 
prised, I  remarked:  UI  am  a  stranger  to  you 
sir,  and  you  certainly  want  security  of  some 
kind."  "Well  sir,v/  he  replied,  "I  am  going  to  take 
your  face."  And  he  did. 

"After  I  married  into  his  family,  three 
years  after  this,  I  resided  six  years  with  him, 
and  had  many  opportunities  of  hearing  remi- 
niscences of  the  then  recent  events  of  the  revo- 


LIFE  OF  HENRY  SMITH.  3S5 

lution,  in  conversations  between  himself  and  his 
co-laborers  of  those  times. 

It  seems  strange,  that  the  names  of  Whar- 
ton,  Archer,  Hoxey,  Williamson  and  their  co- 
laborers  in  accomplishing  the  independence  of 
Texas,  are  .now  the  most  infrequently  named, 
and  Henry  Smith,  their  chosen  leader,  the  most 
infrequently  of  all. 

The  ruling  passion  of  Henry  Smith  was 
patriotism.  No  one  could  be  more  forgiving  of 
personal  injury — no  one  less  so  for  a  real  or 
imagined  wrong  to  Texas.  Diplomacy  was  un- 
known to  him.  He  had  no  use  for  language  but 
to  express  his  inmost  thoughts.  This  was  ex- 
hibited in  his-  famous  tirade  to  the  council  of 
January  9th,  1836.  Bancroft  Librarj 

The  people  of  Texas  at  that  time  knew  him 
well,  and  appreciated  his  services  in  bringing 
about  their  independence.  He  was  named  the 
candidate  for  president  in  opposition  to  Austin. 

His  rough  experience  as  Provisional  Gov- 
ernor, made  him  undesirous  of  further  authority 
and  he  urged  the  election  of  Gen.  Houston.  So 
far  as  the  limited  mail  facilities  of  that  period 
would  permit,  he  notified  the  different  localities, 
of  his  determination;  yet  he  received  a  consid- 
erable vote. 


386  LIFE  OF  HENRY  SMITH. 

Many  of  the  survivors  of  revolutionary  times 
have  expressed  their  disgust  and  surprise  that 
the  name  and  memory  of  Henry  Smith  have 
been  so  uniformly  slurred  over  by  the  various 
histories  of  Texas. 

In  a  private  letter  from  Brazoria  of  August 
15th,  1837,  the  governor  says:  "When  I  left  the 
capital  it  was  with  the  view  of  not  resuming  the 
duties  of  my  office,  and  I  had  sent  in  my  resig- 
nation. His  Excellency,  however,  refused  to 
accept  it  and  in  a  friendly  note  urged  my  con- 
tinu'ance,  1  replied  to  the  note  and  at  the  same 
time  took  'French  leave.'  Since  my  return  from 
the  \vest  he  has  sent  a  special  messenger  with  a 
request  that  I  return  as  soon  as 'possible,  and 
urges  that  my  return  is  indispensable.  I  feel 
extremely  anxious  to  be  released  and  entirely 
untrammeled  from  public  office. 

'The  citizens  of  this,  my  own  county,  say 
that  they  are  willing  for  me  to  resign,  provided 
I  will  consent  to  represent  them  in  Congress,  but 
not  otherwise ;  from  all  of  which  it  would  seem 
I  have  lost  all  self  control,  and  belong  exclusive- 
ly to  the  public.  I  have  determined  to  set  about? 
my  emancipation  presently,  and  as  soon  as  cir- 
cumstances will  permit,  to  make  a  precipitate 
retreat  to  the  west. 


LIFE  (  F  HtfNttY  SMITH.  387 

The  extract  above  given  explains  his  persist- 
ent refusal  to  permit  his  name  to  be  used  as  a 
candidate  for  office.  The  citizens  of  Brazoria 
county,  however,  upon  his  refusal  to  become  a 
candidate  for  vice-president,  insisted  on  his  rep- 
resenting them  in  Congress,  which,  with  great 
reluctance,  he  finally  consented  to  do. 

It  may  be  truly  said  of  Henry  Smith,  that 
the  offices  he  held,  almost  from  his  first  entrance 
into  Texas,  were  thrust  upon  him  From  Alcalde 
to  Political  Chief,  the  people  kept  him  previous 
to  the  Revolution,  continually  in  their  servi  e, 
and  it  was  a  common  remark  among  the  citizens 
of  Brazoria  County  that  'Henry  Smith  would 
never  try  a  case  he  c:nild  compromise.' 

The  Hon.  Charles  L  Cleveland,  of  Galves- 
ton,  who,  when  a  lad,  was  an  apprentice  in  the 
newspaper  office  at  Brazoria,  informed  me  sev- 
eral years  ago  that  iiiost  of  the  articles  in  that 
paper  advocating  independence  were  written  by 
Henry  Smith,  the  type  many  times  being  set  by 
himself  and  he  being  well  acquainted  with 
Smith's  hand  writing.  Is  it  not  time  Texas 
History  should  be  remodeled  ? 

G  W  F. 

When  the  year  1879  arrived,  Hmry  Smith 
had  been  twenty-eight  years  iri  his  grave  and  a 


388  LIFE  OF  HENRY  SMITH. 

new  generation  had  grown  to  manhood.  The 
Legislature  of  Texas  was  in  session  and  on 
Washington's  birthday,  February  22nd,  1879,  the 
representatives  of  the  people  received 

A  PORTRAIT  OF  HflNRY  SMITH, 

painted  by  his  grand  daughter. 

The  presentation  was  made  by  the  Hon. 
George  P.  Finlay,  of  Galveston,  who  said : 

Mr.  Speaker  I — "The  pleasant  duty  devolves 
on  me  to  present  to  this  house,  in  trust  for  the 
State  of  Texas,  this  splendid  portrait  of  Henry 
Smith,  the  first  Governor  of  Texas. 

This  picture  is  the  workmanship  of  Mrs. 
Annie  W.  Holden,  daughter  of  Col.  George  W. 
Fulton,  of  Aransas  County,  and  grand-daughter 
of  Governor  Smith,  whose  fame  is  this  day  cele- 
brated by  these  memorial  ceremonies. 

Governor  Henry  Smith  was  a  Kentuckian 
by  birth,  and,  in  his  youthful  ambition,  sought  in 
an  early  day  in  Texian  History  to  cast  the  vigor 
and  strength  of  his  youthful  and  impetuous 
manhood  on  the  side  of  struggling  freedom  in 
this  western  wilderness. 

He  poured  out  his  first  libation  of  blood  in 
the  cause  of  Texian  Independence  at  the  battle 
of  Velasco,  in  1832,  where  Texas  soil  received 


LIFE  OF  HENRY  SMITH.  389 

that  baptism  which  brought  with  it  the  salvation 
of  her  people  and  laid  the  foundation  of  our 
giant  young  Republic. 

Governor  Smith  in  all  the  positions  of  Al- 
calde, Secretary,  Political  Chief,  Governor,  Sec 
retary  of  the  Treasury  and  member  of  Congress, 
from  1831  to  1842,  came  squarely  up  to  the 
stature  of  progressive  manhood  and  true  nobili- 
ty of  character,  and  he  now  'lives  in  the  affec- 
tionate remembrance  of  his  compatriots  as  the 
knightliest  among  the  knightly. 

The  monuments  of  the  past  are  crumbling 
into  decay,  and  the  crowding  feet  of  ( o  ning 
thousands  are  treading  paths  blazed  through 
this  erstwhile  wilderness  by  the  hardy  pioneers 
of  half  a  century  ago. 

Here  and  there  the  present  generation  are 
gathering  from  fading  memory  something  of 
historic  beauty,  to  tell  us  how  valiantly  our 
veterans  lived,  how  like  Titans  they  wrought  a 
nation's  freedom.  So  to-day  comes  to  us  from 
the  gentle  hands  of  fair  woman,  the  faithful 
muse  of  history,  this  substance  of  the  dead,  left 
to  remind  us  of  the  valiant  living.  Take  it  then  as 
a  sacred  gift,  and  with  Houston,  Travis,  Austin, 
Burleson,  Crockett,  Bowie  and  the  departed  hosts 
who  stood  in  the  forefront  of  battle  when  the 


390  LIFE  OF  HENKY  SMITH 

red  blood  of  freemen  flowed  in  liberty's  cause, 
let  it  adorn  the  walls  of  Texas'  stately  Capitol,  to 
tell  coming  generations  of  their  fame.  The 
golden  sands  of  California  stand  vigil  over  his 
dust,  bat  Texas  alone  is  guardian  of  his  fame." 

Representative  Coleman,  of  Harrison,  re- 
ceived the  portrait  on  behalf  of  the  State,  and 
said : 

Mr.  Speaker  and  gentlemen  of  the  Housel— 
"  Under  a  resolution  adopted  on  yesterday  by  the 
House  of  Representatives,  it  becomes  my  duty,  as 
it  certainly  is  my  pleasure,  to  receive   in  the 
name  of  this  House  and  for  the  State  of  Texas, 
this   splendid    portrait  of    ex-Governor    Henry 
Smith,  the  fi:st  Governor  of  Texas,  painted  and 
donated  to  the  State  of  Texas  by  his  gifted  and 
accomplished  grand-daughter,    Mrs.   Annie  W. 
Holden,   of   Aran-as  County,    Texas,    and   just 
presented  in  the  name  of  the  donor  by  the  Hon. 
gentleman  from  Galveston.      1  am  doubly  grate- 
ful in  discharging  this  duty ;  first,  because  I  am 
glad  to  see  placed  within  the  legislative  halls  of 
this  great  State,  this  picture  of  the  historic  dead, 
who,  when  living,  loved  so  faithfully  and  fought 
so  gallantly  for  the  infant  Republic   of  Texas, 
that  we  may  thus  perpetuate  the  memory  of  his 
patriotic  services  and  commemorate  his  virtues 


LIFE  OF  HENRY  SMITH.  391 

Secondly,  I  am  grateful  to  the  members  of  this 
House  for  this  distinguished  mark  of  their  con- 
sideration in  selecting  me  to  express  the  feelings 
of  the  Representatives  of  Texas  upon  this  pleas- 
ing and  interesting  occasion.  Governor  Smith, 
with  his  compatriots  between  the  years  1826  and 
1836,  the  year  of  San  Jacinto,  laid  broad  and 
deep  the  foundations  of  the  independence  and 
civilization  of  this  great  country,  now  the  chosen 
home  of  near  two  millions  of  free,  prosperous 
and  happy  people. 

He  was  born  in  1784  in  Kentucky,  and  in 
1827,  animated  by  the  same  spirit  of  chivalry 
and  enterprise  that  stirred  the  breasts  of  other 
heroes  of  that  period,  to  rescue  from  the  tyrany 
and  misgovernment  of  Mexico,  this  fair  land, 
he  came  to  our  shores  and  cast  his  lot  and  iden- 
tified his  destiny  with  that  of  the  people  of 
Texas. 

It  is  proper,  Mr.  Speaker  and  gentlemen  of 
the  House,  that  the  portrait  of  this  man,  loved 
and  honored  by  his  cotemporaries,  and  whose 
name  is  dear  to  Texians,  should  be  placed  within 
this  hall,  in  which  meet  the  Representatives  of 
that  people  for  whose  homo  and  country  and 
independence  he  did  so  much  and  labored  so 
faithfully.  This  portrait  but  outwardly  typifies 


392  LIFE  OF  HENRY  SMITH. 

the  picture  that  gratitude  has  painted  in  the 
memory  of  all  patriotic  sons  and  daughters  of 
Texas. 

In  giving  it  a  place  upon  these  walls  we  but 
honor  ourselves,  in  making  a  public  recognition 
of  our  appreciation  of  the  cardinal  virtues  of 
gallantry,  in  the  field,  wisdom  and  fidelity  in  the 
council  and  patriotism  in  all  the  acts  of  an  active 
and  useful  life. 

The  independence,  prosperity,  unity  and 
glory  of  Texas  furnished  the  goals  to  the  ambi- 
tion of  Governor  Smith  and  his  compatriots,  and 
to  their  accomplishments  he  gave  all  his  efforts. 

And  now,  Mr.  Speaker,  with  its  independ- 
ence secured,  its  prosperity  accomplished,  its 
glory  undimmed,  the  unity  of  Texas,  the  unity  oi 
this  great  and  growing  State,  the  chosen  home 
of  this  great  and  good  man,  whose  portait  hangs 
before  you,  should  never  be  impaired  or  im- 
perilled. 

In  conclusion,  and  in  the  name  of  this  House 
I  now  accept  this  admirable  portrait,  and  to  Mrs 
Holden  the  fair  and  generous  artist  and  donor, 
and  to  her  father,   Col    Geo   W.    Fulton,    who 
kindly  brought   the  portrait  to   this   Capitol,    i 
tender  our  earnest  thanks.'1 


LIFE  OF  HENRY  SMITH.  393 

APPENDIX. 


GOVERNOR  HENRY  SMITH'S  FAMILY. 

His  father  was  Elder  James  Smith,  who 
was  buried  at  Smith's  Station,  now  Bryantsville, 
Garrard  County,  Kentucky.  His  mother,  who 
survived  her  husband  many  years,  was  Magdalen 
Woods,  and  was  interred  by  his  side. 

The  children  of  James  and  Magdalen  Woods 
Smith  were  their  sons,  Christopher,  William, 
John,  James,  Edward  and  "Henry,"  the  subse- 
quent governor  of  Texas ;  and  their  daughters, 
Lucinda,  who  married  Daniel  Jeffries;  Nancy, 
who  married  William  Jeffries;  Elizabeth,  who 
married  Joseph  Evans,  of  Wythe  County,  Vir 
ginia;  and  Sarah,  who  married  William  Watts. 
None  of  these,  excepting  Joseph  F.  Smith,  son 
of  James,  and  one  family  of  the  Jeffries,  ever 
settled  in  Texas. 

GOVERNOR  SMITH'S  CHILDREN. 

By  his  first  marriage  ;  twins,  William  W  , 
who  died  in  the  Confederate  Hospital  in  Dal  ton, 
Georgia,  in  1863  or  '64,  and  John  G,  who  died 
on  Aransas  Bay  in  1883,  leaving  a  widow,  since 
deceased,  but  no  child ;  and  James  E.,  who  died 
at  Col.  Fulton's,  on  Aransas  Bay,  in  January 
1884.  Both  William  and  James  died  unmarried, 


394  LIFE  OF  HENRY  SMITH. 

By  his  second  marriage  he  had  five  daugh- 
ters, viz :  Harriet  G.,  who  on  the  12th  of  March, 
1840,  in  Brazoria  County,  married  Col.  George 
W.  Fulton,  a  native  of  Philadelphia,  a  soldier  of 
the  Texas  revolution,  afterwards  a  distinguished 
civil  engineer  in  Pennsylvania,  Maryland,  Ken- 
tucky and  the  west,  and,  since  1867,  a  large 
stock  raiser,  residing  at  Fulton,  on  Aransas  Bay. 
Jane,  the  second  daughter  of  the  governor,  mar- 
ried, in  Brazoria,  Pulaski  J.  Fisk,  and  was 
thrown  from  a  horse  and  killed  in  1845,  under 
the  most  distressing  circumstances,  causing  a 
shock  to  her  father  which  cast  a  shadow  over 
the  remainder  of  his  life.  She  left  an  infant, 
Thomas  Fisk,  eight  months  old,  who  died  in 
Galvegton,  in  1854,  of  yellow  fever.  Sarah,  the 
governor's  third  daughter,  died  single  in  1851  : 
Emily  and  Sophronia  died  in  youth  in  Brazoria. 

By  his  third  wife,.  Governor  Smith  had  but 
one  child,  Elizabeth,  who  died  in  1854,  of  yellow 
fever  in  Galveston,  at  the  age  of  fourteen. 

It  will  be  remembered  that  Governor  Smith 
successively  married  three  sisters,  Gillette,  in 
1815,  1822  and  1839.  Two  brothers  of  these 
ladies,  Eev.  Roswell  and  Samuel  GiHette,  were 
early  residents  of  Brazoria  county.  A  younger 
brother,  James  S.  Gillette,  came  to  North  Texas 


LIFE  OF  HENRY  SMITH.  395 

at  a  later  day — represented  Lamar  County  in  the 
legislature  and  was  Adjutant-General  of  the 
State  during  the  administration  of  Governor 
Pease. 

GOVERNOR  SMITH'S  ONLY  LIVING  DESCENDANTS. 
The  only  living  descendants  of  Governor 
Smith'  at  this  time,  (January  1887,)  are  Mrs. 
Harriet  G.  Fulton,  her  four  Children  and  their 
children,  viz  : 

1.  Annie  Ware  Fulton,   married   Eldridge 
G.  Holden  and  has  two  daughters,  Harriet  Ful- 
ton and  Nana. 

2.  James  C.  Fulton,  married  Fannie  Dun- 
lap,  and  has  five  children,  Harriet  Smith, 'George, 
Alice  Nold,  James  C.  and  Heliry  Smith. 

3.  Harriet  Smith  Fulton,  married  Charles 
M.  Holden,  and  has  four  children,  George  Fulton, 
Annie  May,  Charles  M.  and  Winfield  L. 

4.  George  Wm.  Fulton,   married  Leonora 
Caruthers  and  has  two  daughters,  Mary  E.  and 
Jewell. 


OF  THE 

UNIVERSITY 


•a 


I 

V, 

o 

CO 


I 


i 


209723 


